AN ACT to amend the Indiana Code concerning family law and juvenile law.
SECTION 1. IC 31-9-2-0.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 0.5. "Abandoned
infant", for purposes of IC 31-34-21-5.6, means:
(1) a child who is less than twelve (12) months of age and whose
parent, guardian, or custodian (1) has knowingly or intentionally
left the child in:
(A) an environment that endangers the child's life or health; or
(B) a hospital or medical facility;
and has no reasonable plan to assume the care, custody, and
control of the child; or
(2) a child who is, or who appears to be, not more than thirty
(30) days of age and whose parent:
(A) has knowingly or intentionally left the child with an
emergency medical services provider; and (2) has no
reasonable plan to assume the care, custody, and control of
(B) did not express an intent to return for the child.
SECTION 2. IC 31-9-2-43.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 43.5. "Emergency medical services provider" has the
meaning set forth in IC 16-41-10-1.
SECTION 3. IC 31-34-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]:
Chapter 2.5. Emergency Custody of Certain Abandoned
Children
Sec. 1. (a) An emergency medical services provider shall,
without a court order, take custody of a child who is, or who
appears to be, not more than thirty (30) days of age if:
(1) the child is voluntarily left with the provider by the child's
parent; and
(2) the parent does not express an intent to return for the
child.
(b) An emergency medical services provider who takes custody
of a child under this section shall perform any act necessary to
protect the child's physical health or safety.
Sec. 2. (a) Immediately after an emergency medical services
provider takes custody of a child under section 1 of this chapter,
the provider shall notify the local child protection service that the
provider has taken custody of the child.
(b) The local child protection service shall assume the care,
control, and custody of the child immediately after receiving notice
under subsection (a).
Sec. 3. A child for whom the local child protection service
assumes care, control, and custody under section 2 of this chapter
shall be treated as a child taken into custody without a court order,
except that efforts to locate the child's parents or reunify the
child's family are not necessary, if the court makes a finding to that
effect under IC 31-34-21-5.6(b)(5).
Sec. 4. Whenever a child is taken into custody without a court
order under this chapter, the attorney for the county office of
family and children shall, without unnecessary delay, request the
juvenile court to:
(1) authorize the filing of a petition alleging that the child is a
child in need of services;
(2) hold an initial hearing under IC 31-34-10 not later than
the next business day after the child is taken into custody; and
(3) appoint a guardian ad litem for the child.
SECTION 4. IC 31-34-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) The juvenile
court shall hold an initial hearing on each petition.
(b) Subject to section 2.5 of this chapter, the juvenile court shall
set a time for the initial hearing. A summons shall be issued for the
following:
(1) The child.
under IC 31-35 and is pending.
(4) (3) Any other person who:
(A) the county office of family and children has knowledge is
currently providing care for the child; and
(B) is not required to be licensed under IC 12-17.2 or
IC 12-17.4 to provide care for the child.
(5) (4) Any other suitable relative or person who the county office
knows has had a significant or caretaking relationship to the child.
(5) Any emergency medical services provider who has taken
custody of an abandoned infant under IC 31-34-2.5.
(b) At least ten (10) days before the periodic case review,
including a case review that is a permanency hearing under section
7 of this chapter, the county office of family and children shall
provide notice of the review to the child's foster parent by:
(1) certified mail; or
(2) face to face contact by the county office of family and
children caseworker.
(c) The court shall provide to a person described in subsection (a)
or (b) an opportunity to be heard and to make any recommendations to
the court in a periodic case review, including a permanency hearing
under section 7 of this chapter. The right to be heard and to make
recommendations under this subsection includes the right of a
person described in subsection (a) or (b) to submit a written
statement to the court that, if served upon all parties to the child in
need of services proceeding and the persons described in
subsections (a) and (b), may be made a part of the court record.
(c) (d) This section does not exempt the county office of family and
children from sending a notice of the review to each party to the child
in need of services proceeding.
(e) The court shall continue the review if, at the time of the
review, the county office of family and children has not provided
the court with signed verification from the child's foster parent, as
obtained through subsection (b), that the foster parent has been
notified of the review at least five (5) business days before the
review. However, the court is not required to continue the review
if the child's foster parent appears for the review.
SECTION 7. IC 31-34-21-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 4.5. (a) Except as provided in
subsection (b), a foster parent may petition the court to request
intervention as a party to a proceeding described in this chapter.
(b) A foster parent who has been:
(1) the subject of a substantiated report of child abuse or
neglect; or
(2) convicted of a felony listed in IC 12-17.4-4-11;
may not petition the court to intervene under this section.
(c) A court may grant a petition filed under this section if the
court determines that intervention of the petitioner is in the best
interests of the child.
SECTION 8. IC 31-34-21-5.6, AS AMENDED BY P.L.197-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 5.6. (a) A court may make a finding described in
this section at any phase of a child in need of services proceeding.
(b) Reasonable efforts to reunify a child with the child's parent,
guardian, or custodian or preserve a child's family as described in
section 5.5 of this chapter are not required if the court finds any of the
following:
(1) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) an offense described in IC 31-35-3-4(1)(B) or
IC 31-35-3-4(1)(D) through IC 31-35-3-4(J)
IC 31-35-3-4(1)(J) against a victim who is:
(i) a child described in IC 31-35-3-4(2); or
(ii) a parent of the child; or
(B) a comparable offense as described in clause (A) in any
other state, territory, or country by a court of competent
jurisdiction.
(2) A parent, guardian, or custodian of a child who is a child in
need of services:
(A) has been convicted of:
(i) the murder (IC 35-42-1-1) or voluntary manslaughter
(IC 35-42-1-3) of a victim who is a child described in
IC 31-35-3-4(2)(B) or a parent of the child; or
(ii) a comparable offense described in item (i) in any other
state, territory, or country; or
(B) has been convicted of:
(i) aiding, inducing, or causing another person;
(ii) attempting; or
(iii) conspiring with another person;
to commit an offense described in clause (A).
(3) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) battery (IC 35-42-2-1 (a)(4)) as a Class B felony;
(B) battery (IC 35-42-2-1(a)(3)) as a Class C felony;
subsections (c) and (d), may be made a part of the court record.
(e) (f) The court shall continue the hearing if, at the time of the
hearing, the county office of family and children has not provided
the court with signed verification from the foster parent, as
obtained through subsection (d), that the foster parent has been
notified of the hearing at least five (5) business days before the
hearing. However, the court is not required to continue the hearing
if the child's foster parent appears for the hearing.
(g) A person described in subsection (c)(2) through (c)(5) or
subsection (d) does not become a party to a proceeding under this
chapter as the result of the person's right to notice and the opportunity
to be heard under this section.
SECTION 10.
IC 35-46-1-4
, AS AMENDED BY P.L.197-1999,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 4. (a) A person having the care of a dependent,
whether assumed voluntarily or because of a legal obligation, who
knowingly or intentionally:
(1) places the dependent in a situation that endangers the
dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in bodily injury;
(2) a Class B felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in serious bodily injury; and
(3) a Class C felony if it is committed under subsection (a)(2) and
consists of cruel or unusual confinement or abandonment.
(c) It is a defense to a prosecution based on an alleged act under
this section that:
(1) the accused person left a dependent child who was, at the
time the alleged act occurred, not more than thirty (30) days
of age with an emergency medical provider who took custody
of the child under
IC 31-34-2.5
when:
(A) the prosecution is based solely on the alleged act of
leaving the child with the emergency medical services
provider; and
(B) the alleged act did not result in bodily injury or serious
bodily injury to the child; or
(2) the accused person, in the legitimate practice of his religious
belief, provided treatment by spiritual means through prayer, in
lieu of medical care, to his dependent.
(c) (d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or
IC 31-1-11.5
or
IC 31-6-5
before their repeal); or
(2) under
IC 35-46-1-9
(b);
a person who transfers or receives any property in consideration for the
termination of the care, custody, or control of a person's dependent
child commits child selling, a Class D felony.