Indiana Coalition Against Domestic Violence
2012 Session of the Indiana General Assembly
January 29, 2012
I. Domestic violence
SB0001 Right to defend against unlawful entry. (M. Young, Steele, Charbonneau) Permits a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions. (The introduced version of this bill was prepared by the Legislative Council Barnes v. State Subcommittee.)
01/17/2012 S: Committee Action Pass (8-0) Corrections, Criminal, and Civil Matters
01/23/2012 S: 3rd Reading Pass (45-5)
01/23/2012 S: Referred Referred to Jud McMillin, Eric Turner,
Still need to discuss strategy about dv exemption being removed.
SB0004 Human trafficking. (Walker, Head, Banks, Steuerwald) Provides that recruiting, harboring, or transporting another person to participate in sexual conduct by force, threat of force, or fraud constitutes human trafficking. Provides that a person who recruits, harbors, or transports a child less than 16 years of age with the intent of engaging the child in forced labor, involuntary servitude, prostitution, or sexual conduct commits promotion of human trafficking of a minor, a Class B felony. Prohibits a person at least 18 years of age from selling or transferring custody of a child less than 16 years of age for the purpose of prostitution or participation in sexual conduct. Provides that the name of a victim of human trafficking is confidential for purposes of the public records law. (The introduced version of this bill was prepared by the Criminal Code Evaluation Commission.)
01/27/2012 H: 3rd Reading Pass (95-0)
01/27/2012 H: Ret 1st House No Amendments
SB0344 State taxation. (Hershman) Specifies the assessed value for outdoor signs for the 2011 through 2014 assessment dates. Requires the commission on state tax and financing policy to study the assessment of outdoor signs. Repeals the prohibition against using the value of federal income tax credits awarded under Section 42 of the Internal Revenue Code for purposes of determining the assessed value of low-income housing tax credit property. Permits the fiscal body of a city or town, or the county, in the case of an unincorporated area, to authorize the unit’s redevelopment commission to establish a residential historic rehabilitation grant program. Permits the fiscal body to annually appropriate money for the grant program from the property tax increment resulting from any additional property taxes collected as a result of repealing the prohibition against using the value of federal income tax credits in determining the assessed value of low income housing tax credit property. Separates the township assistance levy from the township’s general fund levy, and provides for a levy based on a rate calculation that must be used to determine a township’s assistance levy after 2012. Phases in the change through 2014. Freezes a township’s township assistance rate for levy determinations after 2014. Permits a township to increase the township assistance levy only if there is a corresponding reduction in the township’s general fund levy. Provides a 100% property tax assessed value deduction for a solar power device used to generate electricity that is installed after December 31, 2011. Provides that a person leasing real property with a solar power device is eligible for the exemption if the person is subject to assessment for the solar power device. Provides that a sales tax refund claim based on the exemption for electrical energy, natural or artificial gas, water, steam, and steam heat may not cover transactions that occur more than 36 months (rather than 18 months, under current law) before the date of the refund claim. Provides a sales tax exemption for sales of wrapping material and empty containers that are acquired for shipping or delivering certain tangible personal property. Exempts from the utility receipts tax any payments of severance damages or other compensation resulting from a change in assigned service area boundaries between electricity suppliers. Specifies that industrial processors and those engaged in floriculture and arboriculture do not have to file a sales tax refund claim if the utility service is separately metered, or it has been determined that the utility service is predominantly used in industrial processing, horticulture, or arboriculture. Provides a sales and use tax exemption for transactions involving tangible personal property by a company that is engaged in offering a competitive racing experience in a two-seater Indianapolis 500 style race car during a competitive racing event. Repeals the laws allowing for a consolidated sales and withholding tax return. Requires all sales tax returns and payments, excluding those retail merchants whose state gross retail and use tax liability in the previous calendar year does not exceed $1,000, to be filed and remitted electronically. Makes a technical change regarding the details for the amount of an E85 deduction. Provides that withholding tax payments may be made annually if the total withholding tax due for the year is less than $1,000. Changes the due dates for annual one-time withholding for a nonresident partner and for a nonresident shareholder in an S corporation to April 15. Changes the reporting date for partnerships that make periodic withholding payments from January 30 to March 15. Requires any person filing more than 25 copies of certain tax forms to file reports electronically. Removes the prohibition of taking a case to the tax court if the department of state revenue takes longer than three years to settle a claim. Extend the income tax credits for venture capital investments, Hoosier business investments, alternative fuel manufacturing, and new employers through December 31, 2016. Provides that for purposes of the coal gasification technology investment tax credit, an integrated coal gasification power plant also includes a facility that is dedicated primarily to production of electricity or gas for sale to or use by the Indiana finance authority under statutes authorizing the authority to enter into contracts for the purchase, transportation, and delivery of substitute natural gas. Adds an exception to the requirement that 100% of the coal used in an integrated coal gasification power plant or as fuel in a fluidized bed combustion unit must be Indiana coal (by allowing the applicant awarded the coal gasification technology investment tax credit to certify that partial use of feedstock is necessary to result in lower rates for Indiana retail utility customers). Corrects references to the Internal Revenue Code in the income tax law. Provides that a decedent’s estate and a trust do not have to file an Indiana fiduciary return if the gross income for the year is less than $600. Requires the commission on state and financing policy to study all income tax credits during 2012 and 2013. Urges the legislative council to assign to a study committee the topic of more clearly defining what is included in instructional spending by school corporations and what is included in noninstructional spending by school corporations for purposes of the annual performance report provided by school corporations. Adjusts the maximum levy for Clark County.
01/24/2012 S: Committee Action Pass Amend (7-3) Tax and Fiscal Policy
01/26/2012 S: Committee Report amend do pass, adopted
HB1011 Various corrections matters. (Foley) Establishes the probation improvement fund administered by the judicial conference to award grants based on the recommendation by the department of correction to: (1) county probation departments that supervise persons convicted of a felony to promote the adoption of certain best practices to improve probation administration and services and reduce probation revocations; and (2) counties that supervise persons who have been convicted of a felony to consolidate and improve the efficiency of probation administration and services and community corrections programs. Creates the forensic addiction fund to create a funding source for grants to probation departments and community corrections programs to increase substance abuse treatment access for individuals on probation or in a community corrections program. Requires the judicial conference of Indiana to administer the fund. Creates the county offender deferral fee and the pretrial diversion fee for infraction or ordinance violations. Requires the clerk of a circuit court to distribute monthly to the state auditor for deposit in the probation improvement fund 100% of the county offender deferral fee and the pretrial diversion fee for infraction or ordinance violations. Requires a sentencing court to inform the department of correction if the person sentenced is a credit restricted felon. Requires a court that determines that a person sentenced is a credit restricted felon to state in the sentencing order and the abstract of judgment that the person is a credit restricted felon. Requires the judicial conference to adopt rules concerning swift and certain sanctions that a probation officer may use in supervising persons on probation. Provides procedures for a person on probation to be sanctioned by a probation officer. Requires that credit time earned by certain offenders shall be reduced to the extent that application of the credit time would result in post-conviction release or a community transition program assignment in less than 45 days after the person earns the credit time. Requires the department of correction (department) to: (1) establish an automated victim notification system; and (2) notify a registered crime victim of certain changes affecting the committed offender who committed the crime against the victim. Specifies when the department shall make certain victim notifications. Provides that if a court imposes a felony sentence that involves a commitment to the department, the court shall state certain information in the sentencing order and abstract of judgment. (The introduced version of this bill was prepared by the criminal code evaluation commission.) 01/25/2012 H: Committee Action Pass Amend (11-0) Courts and Criminal Code
01/27/2012 H: Committee Report amend do pass, adopted
SB0006 Knives with automatic blades. (Tomes, Ubelhor) Removes a provision that makes it a Class B misdemeanor for a person to manufacture, possess, display, offer, sell, lend, give away, or purchase any knife with a blade that opens automatically by hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife.
01/19/2012 S: 3rd Reading Pass (48-1)
01/19/2012 S: Referred Referred to Matt Ubelhor, Sean Eberhart, James Buck
SB0011 Animal fighting contests. (Steele, Arnold, Ubelhor) Makes attending an animal fighting contest a Class D felony. Repeals the law that makes it cruelty to an animal, a Class A misdemeanor, for a person to attend a fighting contest involving animals. Makes a technical correction.
01/10/2012 S: Committee Action Pass(5-4) Corrections, Criminal, and Civil Matters
01/19/2012 S: 3rd Reading Pass (38-10)
01/19/2012 S: Referred Referred Matt Ubelhor, Linda Lawson
None of bills below appear to be moving.
HB1289 Violent crimes compensation fund. (L. Lawson) Provides that an alleged victim of a child sex crime may submit an application for compensation for victims of violent crime until the alleged victim turns 31 years of age. Provides that an alleged victim of a child sex crime may be awarded compensation even if the alleged victim did not report the crime to law enforcement within 72 hours after the crime occurred. 01/10/2012 H: 1st Reading Assigned Courts and Criminal Code
SB0242 Protection order card program. (Breaux)Authorizes the attorney general to establish a protection order card program to provide a person protected by a protection order with a wallet sized card containing information relating to the protection order.
01/04/2012 S: 1st Reading Assigned Judiciary
SB0360 Cell phone GPS tracking. (R. Young) Requires a person who sells a cellular telephone or provides wireless telephone service to inform a subscriber how to deactivate the device’s GPS tracking function. Specifies that the failure to provide this information is a deceptive act that may be enforced by the attorney general. Makes it a Class A misdemeanor to track another person by GPS unless: (1) the person obtains a warrant; (2) the tracking is done in the normal course of business by a service provider; (3) the tracking is performed by the federal government under the Foreign Intelligence Surveillance Act; (4) the person consents to the tracking; (5) a parent has consented to the tracking of the parent’s child; (6) the ability to track a specific person is offered to the general public; (7) the tracking is done by a law enforcement officer or emergency services provider to respond to a request for assistance by the person, or under circumstances in which the person’s life or safety is threatened; or (8) the tracking is of a person who has stolen an item containing the GPS device.
01/09/2012 S: 1st Reading Assigned Judiciary
SB0389 Provider reporting of domestic violence. (Waltz) Requires a health care provider to: (1) implement protocols and policies for the identification of domestic violence and to offer intervention and treatment services; and (2) report an incident of domestic violence to the local law enforcement agency. Specifies information to be included in the report. Provides civil and criminal immunity for a person who is required to report an incident of domestic violence.
01/09/2012 S: 1st Reading Assigned Corrections, Criminal, and Civil Matters
II. Immigration
SR0009 Study comm on IN law requiring undocumented students to pay out-of-state (Leising) A SENATE RESOLUTION urging the legislative council to establish a study committee to study the changes to Indiana law requiring undocumented students to pay out-of-state tuition rates to attend Indiana’s seven public institutions of higher education.
01/25/2012 S: Committee Sched 1:30pm Room 233 Education and Career Development
III. Family Law
HB1019 Adoption history information. (Karickhoff, Broden) Allows a relative of an adoptee or a pre-adoptive sibling to obtain medical history information and to file a petition with an appropriate court to request the release of medical information, nonidentifying information, or identifying information. Requires that a petition requesting release of medical, nonidentifying, or identifying information must include the reasons why the release of information may be beneficial to the adoptee, pre-adoptive sibling, or birth parent. (Current law requires that the petition must include reasons why the release of information may be beneficial to the adoptee or birth parent.)
01/17/2012 H: 3rd Reading Pass (94-0)
HB1065 Military custody and parenting time matters. (Borders, Waterman, Tomes) Requires a court, upon motion by a parent who has received military temporary duty, deployment, or mobilization orders: (1) to hold, upon good cause shown, an expedited hearing in determining or modifying custody or parenting time; and (2) to allow, with reasonable notice and good cause shown, a parent to present testimony and evidence by certain electronic means in a custody or parenting time proceeding; if the military duties of a parent have a material effect on the parent’s ability to appear in person at a regularly scheduled hearing concerning custody or parenting time. Allows a court, upon motion by a parent who has received military deployment orders, to delegate the parent’s parenting time, or a part of the parent’s parenting time, during the time that the parent is deployed to a person who has a close and substantial relationship with the parent’s child if the court determines delegating the time is in the best interests of the child. Provides that an order delegating parenting time automatically terminates after the parent returns from deployment. Allows the court to terminate an order delegating parenting time if the court determines that the delegated parenting time is no longer in the best interests of the child.
01/26/2012 H: 3rd Reading Pass (97-0)
01/26/2012 H: Referred John M. Waterman, Jim Tomes
SB0018 Duty to support a child. (Steele, Young) Provides that the duty to support a child, which does not include support for educational needs, ceases when the child becomes 19 years of age, or until age 21 if the child is enrolled in and has not yet graduated from a secondary school. (Current law provides that the duty to support a child ceases when the child becomes 21 years of age.) Permits a child who is receiving child support under an order issued before July 1, 2012, to file a petition for educational needs until the child becomes 21 years of age, and specifies that a child who is receiving child support after this date may petition until the child becomes 19 years of age. (The introduced version of this bill was prepared by the child custody and support advisory committee.)
01/24/2012 S: 3rd Reading Pass (49-1)
01/24/2012 S: Referred Referred Cindy Kirchhofer, Greg Steuerwald, Jud McMillin
SB0032 Guardianships. (Bray) Allows a guardian of a minor who has not been adjudicated an incapacitated person to petition the court to extend the guardianship beyond the date the minor attains 18 years of age. Requires the guardian and minor to sign the petition in the presence of at least two witnesses. Authorizes the court to extend the guardianship, but not beyond the date on which the protected person attains 22 years of age, if the court finds that extending the guardianship is in the best interests of the protected person. 01/11/2012 S: Committee Action Pass Amend(9-0) Judiciary
01/17/2012 S: 2nd Reading Order Engrossed
01/23/2012 S: Referred Ralph M. Foley
SB0157 Copy of power of attorney. (Steele Provides that a copy of the power of attorney has the same force and effect as the original power of attorney if the person granting the power of attorney certifies that the copy is a true and correct copy. Specifies that a child of the principal may request an accounting with respect to transactions entered into by an attorney in fact.
01/20/2012 S: Committee Action Pass Amend(8-0) Corrections, Criminal, and Civil Matters
01/23/2012 S: Committee Report amend do pass, adopted
01/26/2012 S: 2nd Reading Order Engrossed
SB0249 Record of marriage. (Alting) Provides that a clerk of a circuit court: (1) may forward a record of marriage to the state department of health in a paper form or in an electronic form by using an automated system developed by the judicial technology and automation project or another automated system approved by the state department of health; and (2) who forwards a record of marriage to the state department of health in an electronic form is not required to forward the record of marriage to the state department of health in a paper form.
01/18/2012 S: Committee Sched 9:00am Room 130 Judiciary
01/19/2012 S: Committee Report do pass, adopted
01/24/2012 S: 3rd Reading Pass (50-0)
01/24/2012 S: Referred Referred to Randy Truitt, Sheila Klinker
Bills not moving out of committee:
HB1252 Prerequisites for filing for dissolution of marriage. (Noe) Provides that a parent of a minor child may not commence a proceeding for dissolution of marriage against the other parent of the child before the earlier of: (1) 120 days after a parent files with a court a notice of intent to dissolve a marriage if both parents of a child complete, not earlier than three years before commencing a proceeding for dissolution of marriage, a divorce education program approved by the department of child services; or (2) 300 days after a parent files with a court a notice of intent to dissolve a marriage if one or both parents of the child do not complete a divorce education program. Provides exceptions to these requirements. Allows a parent to file for provisional orders after a parent has filed a notice of intent to dissolve a marriage. Requires the department of child services to approve divorce education programs that meet certain requirements. Provides that each parent is responsible for the individual parent’s cost in attending and completing a divorce education program. 1/25/2012 H: Committee Sched 11:30am Room 156A Family, Children and Human Affairs. Bill tabled after hearing opposition.
HB1010 Joint legal custody. (Pond, Bacon) Establishes a rebuttable presumption that an award of joint legal custody is in the best interest of the child. Requires a court, if a party seeks to rebut the presumption, to consider: (1) the fitness and suitability of each of the persons who would be awarded joint legal custody; (2) the ability of the persons who would be awarded joint legal custody to communicate and cooperate in advancing the child’s welfare; and (3) whether the child has established a close and beneficial relationship with both of the persons who would be awarded joint legal custody. Repeals certain provisions governing the award of joint legal custody that are being superseded by this bill. (The introduced version of this bill was prepared by the child custody and support advisory committee.)
Set for hearing in Family, Children and Human Affairs, but was taken off calendar before hearing. Not moved this session.
SB0017 Summary dissolution decree. (Steele) Provides that at least 15 days after a petition for dissolution of marriage is filed, a court may enter a summary dissolution decree without holding a hearing if certain verified pleadings are filed with the court. 01/04/2012 S: Corrections, Criminal, and Civil Matters
HB1026 Support obligations while incarcerated. (Cheatham) Provides that a court, in establishing or modifying a child support order, is prohibited from considering a reduction or elimination of a parent’s income due to the parent’s incarceration. 01/04/2012 H: 1st Reading Family, Children and Human Affairs
IV. Guns
Not moving:
SB0180 Firearms on school property. (Banks) Makes unlawful possession of a firearm: (1) in or on school property; (2) in or on property that is being used by a school for a school function; or (3) on a school bus; a Class A misdemeanor instead of a Class D felony. Provides that the law concerning unlawful possession of a firearm in or on school property or in or on property that is being used by a school for a school function does not apply to a person who may legally possess a firearm, is not a student enrolled in the school, and stores a firearm: (1) in a motor vehicle that is parked in or on school property or parked in or on property that is being used by the school for a school function; and (2) that is locked in the trunk of the motor vehicle, kept in the glove compartment of the locked motor vehicle, or stored out of plain sight in the locked motor vehicle.
SB0181 Possession of firearms on state property. (Kruse, Banks) Prohibits a state agency, including a state supported college or university, from regulating the possession or transportation of firearms, ammunition, or firearm accessories: (1) on land that is; or (2) in buildings and other structures that are; owned or leased by the state. Provides for certain exceptions. Voids, as of July 1, 2012, any rules or policies enacted or undertaken by a state agency before, on, or after June 30, 2012, concerning possession or transportation of firearms, ammunition, or firearm accessories on land or in structures owned or leased by the state. Allows a person to bring an action against a state agency if the person is adversely affected by a rule, a measure, an enactment, or a policy of the state agency that violates this law.
01/04/2012 S: 1st Reading Assigned Judiciary
V. Sexual Assault
HB1080 Sexual battery. (Frye) Makes it sexual battery, a Class D felony, for a person to, with intent to arouse or satisfy the person’s own sexual desires or the sexual desires of another person, touch another person when that person is unaware that the touching is occurring.
01/20/2012 H: Committee Action Pass(8-0) Courts and Criminal Code
01/27/2012 H: 3rd Reading Pass (92-0)
01/27/2012 H: Referred Referred to Doug Eckerty
HB1120 Arrests or citations at traffic stops. (Morris, Mahan, GiaQuinta) Provides that a law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of a law regulating the use and operation of a motor vehicle on an Indiana highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on an Indiana highway unless, at the time of the arrest or issuance, the officer: (1) is wearing a distinctive uniform and a badge of authority; (2) immediately identifies himself or herself as an officer using an authorized departmental identification card and a badge of authority; or (3) is operating a motor vehicle that is equipped with at least one signal lamp equipped with a red beam and a blue beam and a siren. Provides that, upon request, a law enforcement officer must allow a person who is the subject of such an: (1) arrest; or (2) issuance of a traffic information and summons; to contact a law enforcement agency or emergency dispatcher to verify the identity of the law enforcement officer. Makes an exception to these requirements for a law enforcement officer who is: (1) making an arrest; or (2) conducting a search or seizure of a person or property; in connection with the commission of a felony or misdemeanor that is not related to the use or operation of a motor vehicle. 01/24/2012 Committee Sched 11:00am Room 156D Veterans Affairs and Public Safety. Not moved out of committee.
HB1204 Sex offender registry. (Dermody) Provides that if a person is: (1) a public servant or other person employed by a governmental entity or another person who provides goods or services to a person who is subject to lawful detention; and (2) convicted of engaging in sexual intercourse or deviate sexual conduct with another person who is subject to lawful detention; the person is considered to be a sex offender who must register as a sex or violent offender with the appropriate law enforcement agency. Provides that certain sex or violent offenders who are no longer required to register are not entitled to have their information (other than their addresses) purged from the registry. Specifies certain duties a sex or violent offender and a law enforcement agency are no longer required to perform if the offender is no longer required to register. Specifies that persons who were previously required to register as sex or violent offenders (as well as current sex or violent offenders) are generally not allowed to restrict access to their conviction records. Provides that certain persons who: (1) were less than 21 years of age at the time the persons were convicted of the offense of sexual misconduct with a minor; and (2) are required to register; may petition a court for an order that provides the persons are no longer required to register or update a registration and that requires information concerning the persons must be removed from the registry.01/20/2012 H: Committee Action Pass Amend(9-0) Courts and Criminal Code
01/23/2012 H: Committee Report amend do pass, adopted
01/26/2012 H: 2nd Reading Order Engrossed
SB0190 Termination of parent-child relationship. (Charbonneau) Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the child’s parent-child relationship with the alleged perpetrator. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who has filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) terminating the parent-child relationship would be in the best interest of the child. 01/26/2012 S: Committee Report amend do pass, adopted
SB0267 Education concerning child abuse. (Rogers) Requires the department of education, in collaboration with the department of child services and organizations that have expertise in child abuse, including child sexual abuse, to identify or develop model education materials, response policies, and reporting procedures on child abuse, including child sexual abuse, for use by schools for grade 2 through grade 5. 01/26/2012 S: Committee Report amend do pass, adopted
SB0327 Special group and personalized license plates. (Merritt) Make various changes concerning the issuance of special group recognition license plates by the bureau of motor vehicles. Provides for the bureau of motor vehicles to issue personalized license plates on a five year cycle. (Current law provides for personalized license plates to be issued on an annual basis.) Provides that the bureau of motor vehicles may issue distinctive permanent plates to an elected constable of a small claims court.
01/24/2012 S: Committee Report amend do pass, adopted
01/24/2012 S: Committee Action Pass Amend(9-0) Homeland Security, Transportation and Veterans Affairs
VI. Child Abuse and Neglect
HB1136 Child care ministry advisory committee. (Wesco, Holdman) Requires the division of family resources to establish a child care ministries advisory committee. (The introduced version of this bill was prepared by the committee on child care.)
01/27/2012 H: 3rd Reading Pass (91-1)
01/27/2012 H: Referred Travis Holdman
HB1365 Dual juvenile and criminal jurisdiction. (McNamara) Allows a court with criminal jurisdiction to exercise dual jurisdiction of both the criminal laws and juvenile laws concerning: (1) a juvenile offender or delinquent offender if the offender is less than 18 years of age, is waived to the court because the offender committed an act that would be a felony if committed by an adult, and is convicted of committing the felony or enters a plea of guilty to committing the felony; or (2) a directly committed offender if the offender is less than 18 years of age, allegedly committed a felony over which a juvenile court does not have jurisdiction, and is convicted of committing the felony by a court with criminal jurisdiction or enters a plea of guilty to committing the felony with the court. Requires a court that exercises dual jurisdiction concerning a juvenile offender, delinquent offender, or directly committed offender to: (1) enter a juvenile dispositional decree with respect to the offender; (2) impose an appropriate criminal sentence on the offender; and (3) provide that the criminal sentence is suspended and the successful completion of the juvenile dispositional decree is a condition of the suspended criminal sentence. Provides that when a juvenile offender, delinquent offender, or directly committed offender who has received a suspended criminal sentence becomes 18 years of age, the court must: (1) hold an evaluation hearing concerning the offender before the offender becomes 19 years of age; and (2) based upon the findings of the hearing, discharge offender if the court finds that the objectives of the dispositional decree have been met, order execution of all or part of the offender’s suspended criminal sentence in an adult facility, or place the offender in home detention, in a community corrections program, on probation, or in any other appropriate alternative sentencing program.
01/26/2012 H: 2nd Reading Amended Order Engrossed
01/26/2012 H: Amendment #1 (McNamara), prevailed; voice vote
SB0286 Department of child services. (Lawson, Bray, Randolph) Requires the department of child services (department) to conduct a criminal history check of certain individuals before reunification of a child with the child’s parent, guardian, or custodian. Provides that an audio recording of a telephone call to the child abuse hotline is confidential and may be released only upon court order. Provides that an audio record of a report of child abuse or neglect that is the subject of a complaint made to a prosecuting attorney shall be released to the prosecuting attorney upon request of the prosecuting attorney. Allows the department to consider the results of a criminal history check in deciding if a child can be reunified with the child’s parent, guardian, or custodian. Requires a court to order a guardian to provide financial assistance to support a protected person if the department is going to provide financial assistance to a guardian for the benefit of the protected person. Requires the department to establish a residential placement committee and a permanency roundtable to review certain placements of children. Requires a person filing a petition to terminate parental rights to request a hearing on the petition. Provides that if a hearing regarding a petition to terminate parental rights is not commenced or held within a certain time, the court shall dismiss the petition. Removes requirements that a county pays for certain child placements. Provides that a court may appoint a court appointed special advocate or guardian ad litem only if the person has training appropriate for that role. Changes the number of days for which the department may grant a waiver for the maximum stay for a child if the child caring institution or group home caring for the child is a licensed shelter care facility. Provides that operators of therapeutic foster homes are certified and not licensed. Provides that the department may make certain reports and material available to the state superintendent of public instruction. Provides that the results of an administrative hearing regarding an investigation into child abuse or neglect shall be forwarded to the department of education in certain circumstances. Modifies the definition of “child abuse or neglect”, “victim of child abuse or neglect”, “child”, “related”, “court appointed special advocate,” “guardian ad litem,” “shelter care facility,” and “foster family home”. Provides that a person may operate a foster family home for a related person without a license. Provides for the creation of regional based fatality review teams. Changes the law regarding: (1) the disclosure of certain reports regarding the fatality or near fatality of a child; (2) the expungement of reports of child abuse and neglect; (3) when a child is a child in need of services (CHINS); and (4) requirements of a motion to dismiss a petition to terminate parental rights. Provides that certain administrative hearings may be stayed pending a decision to prosecute the case. Expands the applicability of a chapter concerning child videotape testimony in CHINS proceedings. Requires a court to hold an initial hearing regarding a child alleged to be a CHINS within 10 days of the filing of the petition. Provides additional circumstances establishing prima facie evidence that there is a reasonable probability that: (1) the conditions that resulted in the removal of a child from a parent will not be remedied; or (2) the continuation of the parent-child relationship poses a threat to the well- being of a child. Requires the department to annually prepare a report of all child fatalities in Indiana that are the result of child abuse or neglect. Repeals older youth foster care and replaces it with a collaborative care program. Repeals a chapter requiring the department to make certain reports to the general assembly. Repeals a circumstance when a child is a CHINS.
01/26/2012 S: 2nd Reading Amended Order Engrossed
SB0287 Department of child services. (Lawson, Noe) Makes conforming changes to the interstate compact for the placement of children. Changes references of the “county office of family and children” to the correct agency. Adds Title IV-D of the Social Security Act to the list of programs to which an agency may disclose a Social Security number. Removes a requirement that a local child protection team shall assist the department of child services ombudsman with redacting or reviewing certain reports. Removes a duty of the division of family services to administer preservation services to high risk youth. Removes language regarding deposits by the family and social services administration (FSSA) into the child welfare services account. Removes language requiring the department of child services (department) to prepare and submit information to the state board of accounts. Requires certain information to be included in a paternity affidavit. Removes language requiring the department to investigate and report to a court regarding the conditions of a minor and the fitness of a guardian if ordered by a court. Makes statutes consistent regarding the age of a child that a person may give up under the safe haven statute. Provides that the department has authority to redirect a payment to the appropriate government agency when there is an assignment under Title IV-A or IV-E. Removes the requirement that an obligee must disclose the person’s Social Security number on certain child support related forms. Changes references to the Indiana support enforcement tracking system to include the successor statewide automated support enforcement system. Makes changes to background check statutes to be consistent with federal law. Requires the department to consult with the division of family resources regarding the adoption of rules concerning child caring institutions and group homes that are licensed for infants and toddlers. Modifies statutes concerning licensing procedures and criminal history checks that the department performs. Removes certain facilities that may be licensed as a secure private facility. Removes the requirement that the department must purchase one computer for every two case managers. Provides that certain Title IV-D fees may be set according to rules adopted by the department. Provides that a corrective action for emergency protection of children includes a hold on new placements. Requires the department to advise a parent who is voluntarily relinquishing parental rights that the parent’s consent may not be based upon a promise regarding the child’s adoption or contact of any type with the child after the parent voluntarily relinquishes parental rights. Requires the department to require a consumer report on certain children in state foster care. Requires a court to enter findings of fact that support the entry of its conclusions granting a termination of parental rights. Repeals the county child advocacy fund. Repeals language requiring the department and probation department make progress reports on certain children. Repeals language regarding destitute children. Repeals the definition of “kinship caregiver”. Adds cross references. Makes technical corrections.
01/19/2012 S: 3rd Reading Pass (48-0)
01/19/2012 S: Sponsor Added Cindy Noe, McNamara
SB0337 Child labor law. (Waltz) Provides that a legal entity whose ownership is limited to the parents of an employed child or persons standing in place of the parent of an employed child is not subject to certain provisions of child labor law. Allows a person other than a parent to accompany a child less than 16 years of age at performing arts rehearsals, appearances, and performances, if the person is at least 18 years of age and has received permission from the child’s parent. Provides for civil penalties to be assessed by the department of labor (department) concerning employment certificate violations and hazardous occupation violations of child labor law, to be deposited in the employment of youth fund. Establishes civil penalties for violations of late night and early morning work hours restrictions and removes the designation of such violations as hazardous occupation violations. Provides that all blank forms necessary to carry out child labor law regulation be prepared by the department and supplied to issuing officers by means of electronic or printed publication, and repeals language providing that funds to pay expenses incurred by the department in printing and distributing these forms are appropriated annually out of any money in the state general fund that is not otherwise appropriated. Provides that the department may adopt rules to implement child labor law. 01/26/2012 S: Committee Report
