HB 1175

  • Indiana House Bill
  • 2023 Regular Session
  • Introduced in House
  • House
  • Senate
  • Governor

Child placement and permanency.

Abstract

Provides that a juvenile court in a child in need of services (CHINS) proceeding: (1) may extend the time to complete the required factfinding hearing: (A) for good cause shown; and (B) if the court determines that the extension is in the child's best interests; (2) may (rather than shall, under current law) dismiss a CHINS case without prejudice if the factfinding hearing is not held before the statutorily required deadline; (3) may not enter a dispositional decree approving or ordering placement of a child in another home if an: (A) individual who resides in the home; or (B) individual with whom a person residing in the home is engaged in a dating relationship or other ongoing, nonfamilial relationship (household member); has committed one or more specified offenses; and (4) may not approve a permanency plan under which the child would be placed: (A) with the child's parent, guardian, or custodian; or (B) with an adoptive parent; if a person who is currently residing in the home in which the child would reside has committed an act resulting in a substantiated report of child abuse or neglect or has committed one or more specified offenses. Provides that before reunifying a child with the child's parent, guardian, or custodian, the department of child services (department) shall (rather than may, under current law): (1) conduct a criminal history check of: (A) the parent, guardian, or custodian; and (B) a household member of the parent, guardian, or custodian; and (2) consider the results of the criminal history check in deciding whether it is safe for the child to return home. Provides that if the circumstances that prompted the removal of a child from the home of the child's parent, guardian, or custodian included danger to the child's physical or mental health or safety related to the use of alcohol or a controlled substance by the parent, guardian, or custodian, or by a household member of the parent, guardian, or custodian, the department may require as a condition of reunification of the child with the parent, guardian, or custodian that the parent, guardian, custodian, or household member: (1) successfully complete a substance abuse treatment program; and (2) submit to periodic, random testing for alcohol or controlled substances. Amends and adds to the conditions under which reasonable efforts to reunify a child with the child's parent, guardian, or custodian, or preserve a child's family, are not required. Provides that if a hearing regarding a petition to terminate the parent-child relationship is not held before the statutorily required deadline: (1) upon filing of a motion with the court by a party to the proceeding; and (2) absent good cause shown for the failure to hold the hearing before the statutorily required deadline; the court shall dismiss the petition without prejudice.

Bill Sponsors (1)

Votes


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Actions


Jan 10, 2023

House

Authored by Representative Lauer

House

First reading: referred to Committee on Judiciary

  • Reading-1
  • Referral-Committee
judiciary

Bill Text

Bill Text Versions Format
Introduced House Bill (H) PDF

Related Documents

Document Format
Fiscal Note: HB1175.01.INTR.FN001 PDF
Fiscal Note: HB1175.01.INTR.FN002 PDF

Sources

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