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Senate Bill 0286


Senate Bill 0286

ARCHIVE (2012)

Latest Information

 

DIGEST OF SB 286 (Updated March 6, 2012 2:27 pm - DI 84)


Department of child services. 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; and (3) 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 child in need of services (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. Provides that an alleged victim of a child sex crime may submit an application for assistance for victims of violent crime until the victim become 31 years of age. Provides that an alleged victim of a battery upon a child may submit an application for assistance for victims of violent crime not later than five years after the commission of the offense. Provides that the department of child services ombudsman shall employ at least two full time employees to assist the ombudsman. Creates the interim study committee on underserved youth with mental health issues which is required to study: (1) whether prosecuting attorneys should be allowed to file certain CHINS petitions; and (2) the unmet mental health needs of children within the juvenile justice system. Creates the department of child services interim study committee to: (1) study and review the progress and improvements made by the department; (2) review best practices concerning child welfare, child mental health, and delinquent children; (3) receive and review status reports from the department of child services ombudsman; (4) review and study the department's child services child abuse and neglect hotline; and (5) make legislative recommendations. 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.
    Current Status:
     Law Enacted
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