List of 2016 Indiana Child Custody, Child Support, Domestic Violence, and Child Well-Being bills

Most bills of the 2016 Session of the Indiana General Assembly have now been posted to the legislative website. I have identified the following bills as possibly having an impact upon child custody, child support, Domestic Violence, or child well-being. These were taken from the legislative website today. Numerous bills have been assigned different numbers than those previously entered on the website so what you may have previously been told may not correspond to the current numbers. Bill numbers are being changed on a daily basis. I will try to update this list frequently.

I will update this page with information about the progress of these bills and links to individual postings [DETAILS] as I write about them. I encourage you to "like" or bookmark this posting and check regularly for these updates.

Senate bills
SB 14: Child exploitation and child pornography. [Corrections and Criminal Law - Second Reading in the Senate 21 January 2016]
Makes the offense of child exploitation a Level 4 felony instead of a Level 5 felony if the offense involves, depicts, or describes a child less than 18 years of age who: (1) engages in bestiality; (2) is mentally disabled or deficient; (3) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force; (4) physically or verbally resists participating in the sexual conduct, matter, performance, or incident; (5) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or (6) is less than 12 years of age. Makes the offense of possession of child pornography a Level 5 felony instead of a Level 6 felony if the offense involves, depicts, or describes sexual conduct by a child who the defendant knows is less than 18 years of age, or who appears to be less than 18 years of age, who: (1) engages in bestiality; (2) is mentally disabled or deficient; (3) participates in the sexual conduct by use of force or the threat of force; (4) physically or verbally resists participating in the sexual conduct; (5) receives a bodily injury while participating in the sexual conduct; or is less than 12 years of age. Adds the crime of child exploitation to the definition of "crime of violence" for purposes of the law concerning a court's determination whether terms of imprisonment should be served concurrently or consecutively. (A person who commits a "crime of violence" may receive a longer sentence.) Makes conforming amendments.
Update 08 January 2016 by Judicial Center
The Senate Committee on Corrections & Criminal Law heard SB 14 authored by Sen. Head on child exploitation and child pornography. The bill (1) enhances those offenses by one level if the offense involves depiction of bestiality, a mentally disabled child, force or threat of force against the victim, or the victim receives a bodily injury while participating in the depicted conduct; and (2) classifies child exploitation as a “crime of violence” permitting a longer sentence. Sen. Head explained that while a simple nude photo of a child is bad, video of violent sex acts against a child are much worse and should carry harsher penalties. The Shelby County Prosecutor and a representative from the Indiana Prosecuting Attorneys Council testified in favor of the bill. The bill was amended by consent to broaden the enhanced offense to apply if the victim meets any of the enhancing circumstances even if they are not depicted as such, or if the victim is under the age 12. The amended bill passed 7-0.
SB 26: Children in need of services. [Judiciary - 26 January 2016 Passed the Senate 49-0] Provides that a child is a child in need of services if the child lives in the same household as an adult who: (1) committed certain offenses; or (2) has been charged with certain offenses and is awaiting trial. Makes conforming amendments.
Update 22 January 2016 by Judicial Center
The Senate Judiciary Committee heard SB 26 authored by Sen. Steele on children in need of services. The bill creates a presumption that a child is a child in need of services if the child is living in the same household as an adult who (1) committed certain offenses, or (2) has been charged with certain offenses and is awaiting trial.
Marion Superior Court Judge Marilyn Moores and the Department of Child Services testified in support of the bill concept but raised issues of concern. The bill is expected to be amended on second reading. The bill passed 9-0.
SB 82: Rape and termination of parental rights. [Judiciary - 05 January 2016 First Reading] [DETAILS]
Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) that terminating the parent-child relationship would be in the best interests of the child. Prohibits a parent who is at least 18 years of age at the time the act of rape occurred from filing a petition more than 180 days after the birth of the child. Prohibits a parent who is less than 18 years of age at the time the act of rape occurred from filing a petition more than 2 years after becoming 18 years of age. (The introduced version of this bill was prepared by the study committee on corrections and the criminal code.
SB 90: Juvenile release by intake officers. [Corrections and Criminal Law - 26 January 2016 Passed the Senate 49-0]
Allows an intake officer to impose conditions upon the release of a child who was not taken into custody under an order of the court.
Update 22 January 2016 by Judicial Center
The Senate Corrections and Criminal Law Committee heard SB 90 authored by Sen. Zakas on conditional juvenile release by intake officers. The bill permits a juvenile intake officer to impose conditions (home detention, curfew restrictions, etc.) upon a juvenile’s release to a parent, guardian, or custodian, if the child was not taken into custody under a court order.
Sen. Zakas introduced the bill together with an amendment written in collaboration with the Indiana Judicial Center to require a hearing regarding those conditions within 48 hours; and to permit DCS to object within 3 business days to any condition that requires DCS to provide services to the child. The bill was amended by consent, and passed 8-0.
SB 119: Child in need of services (CHINS). [Judiciary - 05 January 2016 First Reading]
Establishes a rebuttable presumption that a child is a child in need of services (CHINS) if the child: (1) is a victim of human or sexual trafficking; or (2) lives in the same household as another child who is a victim of human or sexual trafficking, or in the same household as an adult who is charged with or convicted of a human or sexual trafficking offense.
SB 185: Child Exploitation. [Corrections and Criminal Law - 06 January 2016 First Reading]
Increases the criminal penalty for the offense of: (1) child exploitation from a Level 5 felony to a Level 4 felony; (2) child exploitation involving a child less than 12 years of age from a Level 5 felony to a Level 3 felony; (3) possession of child pornography from a Level 6 felony to a Level 5 felony; and (4) possession of child pornography involving a child less than 12 years of age from a Level 6 felony to a Level 4 felony.
SB 190: Child abuse or neglect in military families. [Family and Children Services - Third Reading in the Senate 21 January 2016]
Requires the department of child services (department) to notify the United States Department of Defense family advocacy program (program) if a child of an active duty member of the military is the subject of an assessment regarding an allegation of abuse or neglect. Allows: (1) the program to receive the assessment report; and (2) the department to use services offered by the program in resolving a case.
SB 198: Domestic Battery. [Corrections and Criminal Law - 21 January 2016 Passed 48-0] [DETAILS]
Removes the sentencing enhancement for battery committed against a family or household member in the presence of a child from the battery statute and places it in the domestic battery statute. Specifies that numerous provisions in the battery statute constitute domestic battery if they are committed against a family or household member. Makes conforming amendments.
Update 12 January, 2016 by Judicial Center - The Senate Corrections and Criminal Law Committee heard SB 198 concerning domestic battery authored by Sen. Crider. The author explained that this bill is a recodification bill attempting to clean up the domestic violence statutes and make them more usable and does not substantively alter the domestic violence laws. It specifically removes the sentencing enhancement for battery committed against a family or household member in the presence of a child from the battery statute and places it in the domestic battery statute and specifies that numerous provisions in the battery statute constitute domestic battery if they are committed against a family or household member.
A technical amendment was adopted by consent. A representative from the Indiana Coalition Against Domestic Violence testified in support of the bill. The bill passed as amended 9-0.
SB 199: Age for compulsory school attendance. [Education and Career Development - 06 January 2016 First Reading]
Provides that a student shall enroll in a kindergarten program not later than the fall term of the school year if the student is five years of age on August 1 of that school year. (Current law requires that a student enroll in a kindergarten class not later than the fall term of the school year in which the student becomes seven years of age.) Makes conforming amendments.
SB 236: Child in need of services matters. [Family and Children Services - 07 January 2016 First Reading]
Provides that if a child is a victim of human or sexual trafficking, vicarious sexual gratification, child solicitation, patronizing a prostitute, or promoting prostitution, the child may be a child in need of services. Provides that certain children may be children in need of services if they live in the same household as: (1) a child who is a victim of certain sex crimes; or (2) an adult who has been convicted of or charged with certain sex crimes.
SB 250: Parenting coordinators. [Civil Law] [DETAILS] - [01 February 2016 Passed the Senate 44-5]
Allows for the appointment of parenting coordinators to assist in disputes regarding custody and parenting matters. Provides qualification requirements of a parenting coordinator, terms of appointment of a parenting coordinator, and termination of parenting coordinator services. Requires a parenting coordinator to remain impartial and meet confidentiality requirements.
Update 29 January 2016 by Judicial Center
The Senate Civil Law committee heard SB 250 addressing parenting coordinators authored by Sen. Buck. Sen. Buck introduced the bill explaining he is concerned about the well-being of children in high conflict custody cases. The bill allows for the appointment of parenting coordinators to assist in disputes regarding custody and parenting matters. The bill also provides qualification requirements of a parenting coordinator, terms of appointment of a parenting coordinator, and termination of parenting coordinator services. Lastly, the bill requires a parenting coordinator to remain impartial and meet confidentiality requirements. Sen. Buck then introduced an amendment to assign the topic of the use of parenting coordinators in resolving custody disputes to an interim study committee for further analysis. The senator explained that this amendment was submitted based upon his subsequent understanding of an Indiana Supreme Court proposal under advisement for parenting coordination guidelines.
The amendment was adopted by consent. Jane Seigel, Indiana Judicial Center, testified supporting the amendment and the bill passed 6-0.

SB 269: School discipline. [Education and Career Development - 07 January 2016 First Reading]
Requires charter schools and nonpublic schools that accept choice scholarships to adopt written discipline rules in the same manner as school corporations. Removes a good faith effort exception to the requirement of giving general publicity to the written discipline rules.
SB 349: Juvenile detention matters. [Judiciary - 07 January 2016 First Reading]
Allows an intake officer to impose conditions upon the release of a child who was not taken into custody under an order of the court. Includes weekends and holidays in the 48 hour calculation for detention hearings or probable cause determination hearings.
SB 354: Sex crimes that involve children. [Corrections and Criminal Law - 11 January 2016 First Reading]
Makes child exploitation a Level 4 felony instead of a Level 5 felony. Makes possession of child pornography a Level 5 felony instead of a Level 6 felony. Removes a defense to the crime of prostitution that the person who committed the crime was a child who was less than 18 years of age, and provides that a child who is less than 18 years of age may not be: (1) charged with; or (2) convicted of; committing the crime of prostitution. Makes patronizing a prostitute a: (1) Level 6 felony instead of a Class A misdemeanor if a person has a prior conviction for patronizing a prostitute; and (2) Level 5 felony instead of a Class A misdemeanor if a person paid, or offered payment to, a child who is less than 18 years of age. Makes promoting prostitution a Level 3 felony instead of a Level 4 felony if the person enticed or compelled is a child who is less than 18 years of age. Makes conforming amendments.
SB 357: Registry of convicted child abusers. [Judiciary] [DETAILS] - [27 January 2016 Passed Committee 7-0]
Defines "crime of child abuse" and requires the state police department (department) to establish an electronic child abuse registry containing information relating to persons convicted of a crime of child abuse. Requires the department to adopt rules to establish a procedure permitting a person erroneously included in the registry to obtain relief.
Update 29 January 2016 by Judicial Center
The Senate Judiciary Committee heard Sen Yoder’s SB 357 creating a registry of convicted child abusers. This bill defines “crime of child abuse” and requires the State Police Department (department) to establish an electronic child abuse registry containing information relating to persons convicted of a crime of child abuse. It also requires the department to adopt rules to establish a procedure permitting a person erroneously included in the registry to obtain relief.
A representative of the Indiana State Police testified that 80% of these people are already on the sex offender registry and about their concern for the cost of creating the registry. The bill passed 7-0.

House bills
HB 1064: Terminating the parent-child relationship. [Judiciary - 25 January 2016 Passed the House 93-0] [DETAILS]
Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) that terminating the parent-child relationship would be in the best interests of the child. Prohibits a parent who is at least 18 years of age at the time the act of rape occurred from filing a petition more than 180 days after the birth of the child.
Update 11 January 2016 - This bill passed out of the Judiciary committee by a vote of 13-0.
HB 1069: No contact orders and battery. [Courts and Criminal Code - 02 February 2016 Passed the House 94-0]
Allows a petition to be filed with the juvenile court to order a person to refrain from contact with a member of a foster family home. Makes battery a Level 6 felony if the offense is committed against a member of a foster family home by a relative of a person living in the foster family home.
HB 1183: Guardianship; department of child services. [Family, Children and Human Affairs - 02 February 2016 Passed the House 97-0] [DETAILS]
Provides that a delegation of power by a properly executed power of attorney does not subject the parties to any laws, rules, or regulations concerning the licensing or regulation of foster family homes, child placing agencies, or child caring institutions. Prohibits a licensed foster family home from providing supervision to a child who is the subject of a power of attorney while providing overnight care to a child placed in the foster family home unless the department of child services (department) grants an exception. Allows a parent to delegate the powers for a period longer than 12 months if the parent is on active duty service, except that the term of delegation may not exceed the term of active duty service plus 30 days. Provides that the department may provide information about community service programs that provide respite care, voluntary guardianship, or other support services for families in crisis to the parent or guardian of a child who is the subject of an assessment if the department classifies the assessment as unsubstantiated. Provides that: (1) if the department provides the information to a parent or guardian, the department may not initiate an investigation or assessment or substantiate an assessment of child abuse or neglect based solely on the provision of the information; and (2) the department is not liable for any action arising out of having furnished the information.
HB 1223: Issues relating to the death of a minor. [Judiciary - 11 January 2016 First Reading] [DETAILS]
Provides that if a minor child dies, the parent awarded: (1) sole legal custody; or (2) primary physical custody (if joint legal custody was awarded to the parents); is the parent who may decide issues regarding the disposition of the child's body, including autopsy, cremation, funeral arrangements, or anatomical gifts.
HB 1271: Child abuse or neglect allegations in military families. [Family, Children and Human Affairs - 26 January 2016 Passed the House 96-0]
Requires the department of child services (department) to notify the United States Department of Defense Family Advocacy Program (program) if a child of an active duty member of the military is the subject of an assessment regarding an allegation of abuse or neglect. Requires the department to make the assessment report available to the program upon request.
Update 22 January 2016 by Judicial Center
The House Family, Children and Human Affairs Committee heard HB 1271, child abuse or neglect allegations in military families, authored by Rep. Zent. This bill requires the Department of Child Services (DCS) to notify the U.S. Department of Defense Family Advocacy Program (DOD) if a child of an active duty member of the military is the subject of an assessment regarding an allegation of abuse or neglect. It also requires DCS to make the assessment report available to DOD upon request. The bill was amended by consent to only report substantiated investigations. A representative from DCS testified in support of the amended bill. The amended bill passed, 11-0.
HB1338: Child representatives, foster care, and parenting time. [Judiciary - 12 January 2016 First Reading]
Allows a court to remove a child representative if the: (1) department of child services; or (2) probation officer; demonstrates good cause that the child representative would not act or has not acted in the best interests of the child. Allows certain individuals who are at least 18 years of age to opt out of foster care. Prohibits a court from modifying a previous parenting time order for a parent, guardian, or custodian who is not a part of the allegation of abuse or neglect.
HB 1354: Delegation of parental powers. [Judiciary - 12 January 2016] [DETAILS]
Provides that a delegation of powers by a parent or guardian regarding the health care, support, custody, or property of the minor: (1) is not considered placing the minor in foster care; (2) does not subject any party to foster care licensing or rules; and (3) is not considered abandonment, abuse, or neglect, absent other evidence or unless the parent or guardian fails to contact the attorney-in-fact or execute a new power of attorney upon expiration of the original power of attorney. Permits a parent or guardian in active military service to delegate powers regarding the minor for a period not exceeding the parent's or guardian's term of active duty military service plus 30 days.
HB 1367: CHINS and child representatives. [Family, Children and Human Affairs - 12 January 2016 First Reading]
Allows a child representative to: (1) accompany the child to meetings, court hearings, school functions, extracurricular activities, and other activities agreed to between the child and the child representative; and (2) host the child for vacations, overnight visits, holidays, and other situations. Requires the department of child services (department) and the board of directors of the judicial conference of Indiana to adopt rules setting forth the: (1) reasons why an individual may be rejected or terminated as a child representative; and (2) expectations concerning a child representative. Allows certain individuals who are at least 18 years of age and receiving foster care to petition the juvenile court for emancipation. Requires the juvenile court to grant emancipation unless the court determines there is a compelling reason not to grant the petition. Requires certain notices to be sent to a child representative. Provides that child representatives are treated like foster parents in certain situations. Requires the department to consider a child representative if the child needs a foster parent or a new foster parent. Requires a juvenile court to schedule status conferences with a child who is a child in need of services (CHIN). Requires the department to create, make available, and distribute a bill of rights for youth in foster care.
HB 1186: Lap and shoulder safety belts on school buses. [Education - 07 January 2016 First Reading] [previously identified as HB1377]
Provides that a school bus or special purpose bus placed into operation after June 30, 2016, that is used to transport elementary school or high school students must be equipped with a 3-point lap and shoulder safety belt (safety belt) at each seating location. Requires the state school bus committee to adopt rules for the design, installation, and use of safety belt systems that must be installed in school buses and special purpose buses. Provides for an exception to the laws concerning other types of passenger restraint systems. Requires each occupant of a school bus or special purpose bus that has a safety belt to have the safety belt properly fastened about the occupant's body at all times when the bus is in motion. Establishes the safety belt revolving loan fund (fund). Requires the department of education to establish a revolving loan program to provide loans from the fund to school corporations to assist school corporations in paying expenses necessary to comply with requirements concerning safety belts on school buses and special purpose buses. Appropriates $10,000,000 to the fund from the state general fund. Makes conforming amendments.


My 2016 legislative proposals may be viewed HERE.

If you are aware of a related bill that I have not included in this list please let me know.

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