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Senate Bill 0149


Senate Bill 0149

ARCHIVE (2010)

Latest Information

 

DIGEST OF SB149 (Updated February 25, 2010 3:55 pm - DI 84)


Department of child services. Removes the department of child services (DCS) from the entities to which a clerk of the court must forward a petition for adoption. Removes language regarding a child protection team being required to provide diagnostic and prognostic services for DCS or a juvenile court. Specifies how a child's death or near fatality may be determined to have been the result of abuse, abandonment, or neglect for purposes of certain records. Removes certain duties of the office of the secretary of family and social services regarding child welfare. Adds additional information required in certain petitions. Requires DCS to be notified of certain guardianship petitions and to be allowed to participate in a hearing on certain guardianship petitions. Permits a court to add conditions for a parent to terminate or modify a guardianship. Requires a court to notify DCS if certain petitions to terminate or modify a guardianship are filed. Removes the requirement that certain guardianship petitions be sent to the prosecuting attorney. Allows a juvenile court to request a probate court that retains jurisdiction over a guardianship to conduct additional proceedings. Provides that DCS may petition a court if a parent, guardian, or custodian refuses to allow a child to be interviewed. Prohibits the state police department from charging a fee for: (1) fingerprinting expenses related to criminal history checks conducted by the department; and (2) certain limited criminal history background checks conducted by the department. Requires juvenile courts or the department to pay the Federal Bureau of Investigation for costs of certain fingerprinting. Provides that if a juvenile court: (1) issues an order establishing or modifying a guardianship; (2) issues an order modifying child custody, child support, or visitation; (3) issues an order creating or modifying the establishment of paternity; or (4) closes certain child in need of services cases; the court in which the original action was filed, or an appropriate court, shall assume primary jurisdiction and shall conduct additional proceedings if necessary. Adds child caring institutions, group homes, private secure facilities and child placing agencies to the list of entities that may submit a report of suspected child abuse or neglect and then later receive a report from DCS regarding the investigation of the report. Reduces the time for when a prosecutor or DCS attorney must inform parties of the intent to have child testimony outside the courtroom. Removes a provision that states the department is responsible for payment of any costs or expenses for housing or services provided to or for the benefit of a child placed by a juvenile court in a home or facility located outside Indiana only if the director of the department or the director's designee recommends or approves the placement. Provides that the department is responsible for these costs and expenses if a juvenile court places a child in a home or facility that is located outside Indiana and the: (1) juvenile court makes written findings based on clear and convincing evidence that the out-of-state placement is appropriate because there is not a comparable facility with adequate services located in Indiana, the location of the home or facility is within a distance not greater than 50 miles from the county of residence of the child, or the placement is recommended or approved by the director of the department or the director's designee; and (2) the placement is less expensive than similar services that can be provided in Indiana. Provides procedural rights and duties for certain determinations made by the department regarding rates for reimbursement of certain entities. Requires the department to adopt rules regarding the determination of rates for reimbursement of certain entities. Makes a technical correction. Makes other changes.
    Current Status:
     In Conference Committee
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