IN HB1277 | 2019 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 10 2019 - 25% progression
Action: 2019-01-10 - First reading: referred to Committee on Family, Children and Human Affairs
Pending: House Family, Children and Human Affairs Committee
Text: Latest bill text (Introduced) [PDF]

Summary

Family and juvenile law matters. Establishes a rebuttable presumption in child custody proceedings that an award of joint physical custody is in the best interest of the child. Provides that if the department of child services (DCS) or a prosecuting attorney receives two reports, made independently by separate health care providers, each of which states that the health care provider has reason to believe, based on the health care provider's medical examination of the child, that the child is a victim of child abuse or neglect, DCS or the prosecuting attorney shall: (1) request that the juvenile court authorize the filing of a petition alleging that the child is a child in need of services; and (2) request that the child be taken into custody. Provides that if the juvenile court authorizes the filing of the petition, the juvenile court shall grant the request that the child be taken into custody if the juvenile court finds that DCS or the prosecuting attorney was required to request the petition due to DCS's or the prosecuting attorney's receipt of the health care providers' reports. Provides that a court may not enter a dispositional decree that removes a child in need of services from the child's home and authorizes DCS to place the child in a facility or in another home, or that makes the child a ward of DCS, unless the court finds by a preponderance of the evidence that the child is a child in need of services as the result of: (1) the refusal or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision despite the parent, guardian, or custodian having the financial means to do so; or (2) the inability of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision due to the parent, guardian, or custodian lacking the financial means to do so, but refusing or neglecting to make reasonable efforts to obtain the financial means to do so.

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Title

Family and juvenile law matters. Establishes a rebuttable presumption in child custody proceedings that an award of joint physical custody is in the best interest of the child. Provides that if the department of child services (DCS) or a prosecuting attorney receives two reports, made independently by separate health care providers, each of which states that the health care provider has reason to believe, based on the health care provider's medical examination of the child, that the child is a victim of child abuse or neglect, DCS or the prosecuting attorney shall: (1) request that the juvenile court authorize the filing of a petition alleging that the child is a child in need of services; and (2) request that the child be taken into custody. Provides that if the juvenile court authorizes the filing of the petition, the juvenile court shall grant the request that the child be taken into custody if the juvenile court finds that DCS or the prosecuting attorney was required to request the petition due to DCS's or the prosecuting attorney's receipt of the health care providers' reports. Provides that a court may not enter a dispositional decree that removes a child in need of services from the child's home and authorizes DCS to place the child in a facility or in another home, or that makes the child a ward of DCS, unless the court finds by a preponderance of the evidence that the child is a child in need of services as the result of: (1) the refusal or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision despite the parent, guardian, or custodian having the financial means to do so; or (2) the inability of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision due to the parent, guardian, or custodian lacking the financial means to do so, but refusing or neglecting to make reasonable efforts to obtain the financial means to do so.

Sponsors


History

DateChamberAction
2019-01-10HouseFirst reading: referred to Committee on Family, Children and Human Affairs
2019-01-10HouseAuthored by Representative Thompson

Indiana State Sources


Bill Comments

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