| 1 | + | *EH1626.2* |
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| 2 | + | Reprinted |
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| 3 | + | March 11, 2025 |
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| 4 | + | ENGROSSED |
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| 5 | + | HOUSE BILL No. 1626 |
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| 6 | + | _____ |
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| 7 | + | DIGEST OF HB 1626 (Updated March 10, 2025 4:04 pm - DI 149) |
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| 8 | + | Citations Affected: IC 31-14; IC 31-17. |
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| 9 | + | Synopsis: Child custody orders. Requires the following to be included |
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| 10 | + | in a custody order: (1) a trial court shall include the court's findings of |
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| 11 | + | fact and conclusions of law on which the custody order is based; and |
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| 12 | + | (2) an appellate decision shall include the facts upon which the |
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| 13 | + | appellate court relied to affirm or reverse an order. |
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| 14 | + | Effective: July 1, 2025. |
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| 15 | + | Judy, Jeter, VanNatter, |
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| 16 | + | Garcia Wilburn |
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| 17 | + | (SENATE SPONSOR — BROWN L) |
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| 18 | + | January 21, 2025, read first time and referred to Committee on Judiciary. |
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| 19 | + | January 27, 2025, reported — Do Pass. |
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| 20 | + | January 29, 2025, read second time, ordered engrossed. |
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| 21 | + | January 30, 2025, engrossed. |
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| 22 | + | February 3, 2025, read third time, passed. Yeas 87, nays 2. |
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| 23 | + | SENATE ACTION |
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| 24 | + | February 19, 2025, read first time and referred to Committee on Judiciary. |
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| 25 | + | March 6, 2025, reported favorably — Do Pass. |
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| 26 | + | March 10, 2025, read second time, amended, ordered engrossed. |
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| 27 | + | EH 1626—LS 7466/DI 119 Reprinted |
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| 28 | + | March 11, 2025 |
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1 | 29 | | First Regular Session of the 124th General Assembly (2025) |
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2 | 30 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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3 | 31 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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4 | 32 | | additions will appear in this style type, and deletions will appear in this style type. |
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5 | 33 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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6 | 34 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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7 | 35 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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8 | 36 | | a new provision to the Indiana Code or the Indiana Constitution. |
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9 | 37 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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10 | 38 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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15 | | - | SECTION 1. IC 31-14-13-7.5 IS ADDED TO THE INDIANA |
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16 | | - | CODE AS A NEW SECTION TO READ AS FOLLOWS |
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17 | | - | [EFFECTIVE JULY 1, 2025]: Sec. 7.5. (a) As used in this section, |
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18 | | - | "custody order" means: |
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19 | | - | (1) a final order: |
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20 | | - | (A) awarding custody; |
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21 | | - | (B) modifying custody; or |
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22 | | - | (C) denying modification of custody; |
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23 | | - | under this chapter; or |
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24 | | - | (2) an appellate decision affirming or reversing an order |
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25 | | - | described in subdivision (1). |
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26 | | - | The term does not include a preliminary order or provisional order |
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27 | | - | awarding custody. |
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28 | | - | (b) The following shall be included in a custody order: |
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| 44 | + | 1 SECTION 1. IC 31-14-13-7.5 IS ADDED TO THE INDIANA |
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| 45 | + | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 46 | + | 3 [EFFECTIVE JULY 1, 2025]: Sec. 7.5. (a) As used in this section, |
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| 47 | + | 4 "custody order" means: |
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| 48 | + | 5 (1) a final order: |
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| 49 | + | 6 (A) awarding custody; |
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| 50 | + | 7 (B) modifying custody; or |
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| 51 | + | 8 (C) denying modification of custody; |
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| 52 | + | 9 under this chapter; or |
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| 53 | + | 10 (2) an appellate decision affirming or reversing an order |
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| 54 | + | 11 described in subdivision (1). |
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| 55 | + | 12 The term does not include a preliminary order or provisional order |
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| 56 | + | 13 awarding custody. |
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| 57 | + | 14 (b) The following shall be included in a custody order: |
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| 58 | + | 15 (1) A trial court shall include the court's findings of fact and |
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| 59 | + | 16 conclusions of law on which the custody order is based. |
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| 60 | + | 17 (2) An appellate decision shall include the facts upon which |
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| 61 | + | EH 1626—LS 7466/DI 119 2 |
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| 62 | + | 1 the appellate court relied to affirm or reverse an order. |
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| 63 | + | 2 SECTION 2. IC 31-17-2-8.2 IS ADDED TO THE INDIANA CODE |
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| 64 | + | 3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 65 | + | 4 1, 2025]: Sec. 8.2. (a) As used in this section, "custody order" |
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| 66 | + | 5 means: |
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| 67 | + | 6 (1) a final order: |
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| 68 | + | 7 (A) awarding custody; |
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| 69 | + | 8 (B) modifying custody; or |
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| 70 | + | 9 (C) denying modification of custody; |
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| 71 | + | 10 under this chapter; or |
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| 72 | + | 11 (2) an appellate decision affirming or reversing an order |
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| 73 | + | 12 described in subdivision (1). |
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| 74 | + | 13 The term does not include a preliminary order or provisional order |
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| 75 | + | 14 awarding custody. |
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| 76 | + | 15 (b) The following shall be included in a custody order: |
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| 77 | + | 16 (1) A trial court shall include the court's findings of fact and |
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| 78 | + | 17 conclusions of law on which the custody order is based. |
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| 79 | + | 18 (2) An appellate decision shall include the facts upon which |
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| 80 | + | 19 the appellate court relied to affirm or reverse an order. |
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| 81 | + | EH 1626—LS 7466/DI 119 3 |
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| 82 | + | COMMITTEE REPORT |
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| 83 | + | Mr. Speaker: Your Committee on Judiciary, to which was referred |
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| 84 | + | House Bill 1626, has had the same under consideration and begs leave |
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| 85 | + | to report the same back to the House with the recommendation that said |
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| 86 | + | bill do pass. |
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| 87 | + | (Reference is to HB 1626 as introduced.) |
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| 88 | + | JETER |
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| 89 | + | Committee Vote: Yeas 12, Nays 0 |
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| 90 | + | _____ |
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| 91 | + | COMMITTEE REPORT |
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| 92 | + | Mr. President: The Senate Committee on Judiciary, to which was |
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| 93 | + | referred House Bill No. 1626, has had the same under consideration |
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| 94 | + | and begs leave to report the same back to the Senate with the |
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| 95 | + | recommendation that said bill DO PASS. |
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| 96 | + | (Reference is to HB 1626 as printed January 27, 2025.) |
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| 97 | + | |
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| 98 | + | BROWN L, Chairperson |
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| 99 | + | Committee Vote: Yeas 9, Nays 0 |
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| 100 | + | _____ |
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| 101 | + | SENATE MOTION |
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| 102 | + | Mr. President: I move that Engrossed House Bill 1626 be amended |
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| 103 | + | to read as follows: |
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| 104 | + | Page 1, line 5, delete "an" and insert "a final". |
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| 105 | + | Page 1, between lines 11 and 12, begin a new line blocked left and |
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| 106 | + | insert: |
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| 107 | + | "The term does not include a preliminary order or provisional |
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| 108 | + | order awarding custody.". |
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| 109 | + | Page 1, delete lines 12 through 13, begin a new paragraph and |
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| 110 | + | insert: |
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| 111 | + | "(b) The following shall be included in a custody order: |
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32 | | - | the appellate court relied to affirm or reverse an order. |
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33 | | - | SECTION 2. IC 31-17-2-8.2 IS ADDED TO THE INDIANA CODE |
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34 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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35 | | - | 1, 2025]: Sec. 8.2. (a) As used in this section, "custody order" |
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36 | | - | HEA 1626 — Concur 2 |
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37 | | - | means: |
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38 | | - | (1) a final order: |
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39 | | - | (A) awarding custody; |
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40 | | - | (B) modifying custody; or |
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41 | | - | (C) denying modification of custody; |
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42 | | - | under this chapter; or |
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43 | | - | (2) an appellate decision affirming or reversing an order |
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44 | | - | described in subdivision (1). |
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45 | | - | The term does not include a preliminary order or provisional order |
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46 | | - | awarding custody. |
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47 | | - | (b) The following shall be included in a custody order: |
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| 115 | + | the appellate court relied to affirm or reverse an order.". |
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| 116 | + | Page 2, line 1, delete "an" and insert "a final". |
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| 117 | + | EH 1626—LS 7466/DI 119 4 |
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| 118 | + | Page 2, between lines 7 and 8, begin a new line blocked left and |
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| 119 | + | insert: |
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| 120 | + | "The term does not include a preliminary order or provisional |
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| 121 | + | order awarding custody.". |
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| 122 | + | Page 2, delete lines 8 through 9, begin a new paragraph and insert: |
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| 123 | + | "(b) The following shall be included in a custody order: |
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