26 February 2014 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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Once in awhile a candidate comes along who appears so outside the norm that you have to ask yourself, is this the approach that is needed for more effective government? Afterall, the majority of Americans agree that government, as is the current norm, is not being responsive to the common people. So when I came across Bill Levin who is a candidate for the Indiana House of Representatives in District 96 I wondered Is this the approach that is needed for more effective government? So I interviewed Bill about his platform, ideology and the impact those would have upon children.
I first wanted to know what lead to Bill's decision to join the race to be a representative in the Indiana House. For him it was lack of effective representation either the Republicans or Democrats. That both put forth legislation intended to satisfy their respective parties but not respect Hoosiers. His platform has three major planks being gun safety, equal rights for all people, and marijuana legalization.
As he explains because we are an agricultural state Hoosiers should have access to the benefits of cannabis. The marijuana plant is useful as a building material, has health benefits including its use as an essential oil, and is a stress reliever. As marijuana use has come into play in numerous child custody battles in which I am involved I seek to find the impact on the child. Show me the harm or benefit. It was interesting that Bill mentioned stress relief and then connected that to abuse of children. His claim that “people who use marijuana don't [physically] abuse their children as much as those who are alcohol and prescription pain killer users” is consistent with my anecdotal evidence. People who are less stressed are less likely to abuse their children.
The opposing point of view claims that marijuana is harmful to children because its use is associated with crime, gangs and is a gateway to more severe forms of drug abuse. It has generally been my observation that the most prolific gateway drug is alcohol. Levin noted that this report by the Obama administration in 2010 dispelled the gateway myth.
FlexForm and Elkhart County based automotive parts manufacturer must import the cannabis that it uses because Indiana law forbids Hoosiers from growing the plants for use here. Thus Indiana lawmakers have ensured that money is flowing out of the state that should be supporting agricultural operations here as Levin would have it.
A bill authored by Senator Richard Young that would allow Indiana farmers to grow industrial hemp crops was heard in the Senate Committee on Agriculture and Natural Resources which voted 7-0 in favor of the bill on Friday. Levin says that it will easily pass through the general assembly and be presented to the Governor Pence who he is confident will sign it into law. However when it comes to legalizing marijuana Governor Pence has taken a strong stance in opposition saying, “I don’t support the legalization of marijuana, and that’s been my position for a long time and will continue to be.” Former Republican state legislator Tom Knollman who had to resign his position because of progressive MS has objected to Pence's stance saying, “The art of being a good public official is being able to listen to both sides of an issue! I served as a Republican as a representative and am very proud of that. When the Governor refuses to look at both sides he loses my vote. I am sure my name is mud in his administration but I tried to always remember I am my brothers keeper!"
HJR3 seemed to capture most of the headlines and attention this year. So I asked Bill where he stands on adding the current statutory scheme defining marriage into the Indiana Constitution. Quite simply his response was, “I think gays should have the same right.” He expanded upon that by explaining that marriage is a contract that is often temporary in nature, If people of the same gender wish to subject themselves to the same contractual situation as those of opposite genders then they should be allowed. If two people regardless of gender want to establish that contractual arrangement then he wishes for them, “all the joy and love in the world.”
I asked about his thoughts on the Second Sentence which would have banned the State from recognizing not marital relationships similar to marriage. After a moment pondering his initial response had me laughing. Upon further explanation it is matters like Second Sentence that reflect what he had earlier described about both parties putting forth legislation intended to satisfy their respective parties but not respect all Hoosiers. He also acknowledged that while supporters of marriage claim that marriage provides stable relationships in which to rear children that they can be fleeting.
The last position I touched upon was gun education and safety. Levin wants it taught in every grade school. He noted that countries and jurisdictions where gun ownership is mandatory have lower crime rates and less gun assaults than the United States overall. One reason I suspect is because gun education is also part of the compulsory gun ownership process. Bill believes that teaching respect for guns and realistically demonstrating their impact can reduce their use in ways that mimic pop culture where the true impact is sanitized. Gun debates are always a hot topic but I think he takes a pragmatic approach to the issue. It's neither in support of gun rights or restrictions on people having guns but acknowledges that guns are part of our culture. They are a way of life. Educating children about guns may be a way to save their lives. It is this pragmatic approach that embodies his philosophy on government.
When it comes to the primary role of government Bill Levin feels it should be to provide “functional gears that make the cities or state work properly.” He wants to do his part in realizing that philosophical goal of government by putting forth bills that are "realistic, that are not party favoured, and are leaning toward benefiting Hoosiers."
People who want to do their part to help get Bill Levin elected to the Indiana General Assembly can do so by checking his Facebook page daily. As with any campaign he also needs supporters to donate to his fund-raising efforts which will help buy advertising. Supporters can go to his Fundrazr page to make a donation on-line. Finally, if you have a group of friends or associates that you feel would support the Bill Levin for House platform then consider hosting a meet 'n' greet with Bill at your home or business. Contact Bill through his Facebook page for details.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions. 
Wednesday, February 26, 2014
In His Own Words - Bill Levin: 2014 Candidate for the Indiana House of Representatives
Friday, January 31, 2014
Drug Testing for TANF Benefits and Nutritional Requirements for SNAP Benefits - 2014 Indiana House Bill 1351
31 January 2014
The bill is sponsored by Representative Jud McMillin who is joined by co-sponsors Koch, Kubacki, Messmer, Culver, Neese, Harman, Frye R, Ober, Huston, Smaltz, Rhoads, DeVon, and Mahan.
The bill does provide an exception for those who test positive for a controlled substance and are participating in a drug treatment program. This carrot-and-stick approach does make it more palatable although I feel a means-based testing approach is more appropriate. That is implicit in the drug testing portion of this bill. If you are wealthy enough to be able to afford recreational drugs then you don't need public assistance. If you are wealthy enough to be able to afford not nutritive snacks, to buy food necessary to carry the extra weight on your body from obesity, or to employ others to prepare your meals for you then you clearly have no need for public assistance. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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A bill making it's way through the Indiana House of Representatives would disqualify those testing positive for illicit drug use from receiving TANF benefits. It also establishes nutritional content minimums for “foods” that may be purchased under SNAP – Supplemental Nutritional Assistance Program
The synopsis of this bill is;
Welfare matters; drug testing. Requires the division of family resources to establish a statewide program for the Supplemental Nutrition Assistance Program (SNAP) that allows SNAP benefits to be used only for food and beverages that have sufficient nutritional value, as determined by the division of family resources. Requires the office of the secretary of family and social services (office) to administer a drug testing program (program) for individuals who are receiving Temporary Assistance for Needy Families (TANF) assistance or receiving TANF assistance on behalf of a child. Establishes requirements for the program and ineligibility penalties. Prohibits an individual who is ineligible to receive TANF assistance under the program from receiving assistance on behalf of a child and provides for an exception. Requires the office to collect data to assess and avoid discrimination in the program. Requires the office to provide information to the Indiana housing and community development authority and any division of the office that implements the federal Supplemental Nutrition Assistance Program concerning an individual who tests positive for controlled substances. Requires the department of workforce development to submit a report to the legislative council and the unemployment insurance oversight committee concerning certain unemployment topics.
The list of controlled substances that would disqualify an applicant or beneficiary of TANF is found at Ind. Code § 35-48-1-9 which includes Peyote, Marijuana, Clonitazene, and hundreds of others.
The general problem that I have with this bill is it takes a patchwork approach to public assistance qualifications and implicitly invokes a morality clause – drug use or abuse. However, the measure of moral deprecation through drug use fails to adequately draw a reasonable correlation when the demarcation is legality. A person who treats his or her body as though it were an open sewer and dumps in garbage made to appear as food – artificial colours or flavours, HFCS, hydrogenated oils -- and then encounters the resulting effects such as obesity and diabetes is giving the status of “victim” while the social pot smoker is branded a miscreant devoid of good character and unworthy of societal aide. To the contrary it is the immoral individual lacking any respect for his or her own body and subsequently often that of the person's dependent children who should be branded the moral transgressor – child abuser if the child is obese.
This leads to the second portion of this bill.
This bill provides the following language establishing nutritional requirements for SNAP.
(a) The division shall establish a statewide program for SNAP that allows SNAP benefits to be used only for food, food products, and beverages that have sufficient nutritional value, as determined by the division.
(b) In determining sufficient nutritional value under subsection (a), the division shall consider the food limitations set forth in the women, infants, and children nutrition program (WIC) (under IC 16-35-1.5).
I wrote about the matter of nutrition in my 06 March 2012 posting, Fighting Hunger – A Sensible Cure. In that I specifically mentioned that SNAP benefits should be aligned to the WIC program. “Indiana's SNAP program should receive a major overhaul as it doesn't provide nutrients like WIC does.” I am pleased that these representative have adopted this common sense approach.
While I applaud the sponsors of this bill for their effort to improve the health of recipients I believe that the drug testing portion of the bill is arbitrary and falls woefully short of the appropriate means testing – the first and most obvious being body fat percentage.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
Thursday, January 16, 2014
Prohibiting Adoption following Termination of Parental Rights - 2014 Indiana Senate Bill 27
16 January 2014 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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Senators Broden, Steele, and Zakas have introduced one of the simplest but a significant piece of legislation. Here it is in its entirety with both words that are the changes shown in bold.
SECTION 1. IC 31-19-11-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2014]:
Sec. 6. The court may [insert]not, hear and grant a petition for adoption [strike]even if an appeal of a decision regarding the termination of the parent-child relationship is pending.
This amendment is based upon an appellate court ruling last year [C.A.B. v. J.D.M., 992 N.E.2d 687 (Ind. 2013)] that reversed a termination of parental rights which subsequently invalidated the adoption. The original language was added in 1997 long before I was offering my analysis of child custody laws. I would have certainly objected to any language that allows for a permanent displacement of a child before the judicial process has been exhausted.
This bill has been referred to the Senate Judiciary Committee. I strongly urge support for this bill.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
Tuesday, January 14, 2014
Protecting Parental Rights - 2014 Indiana Senate Bill 100
14 January 2014 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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Senator Kruse has introduced a bill to provide broad protection to the right of parents to direct the upbringing, education, and care of their children. Here is the synopsis of the bill;
Protecting parental rights. Specifies that the liberty of
parents to direct the upbringing, education, and care of their child is a
fundamental right. Prohibits a governmental entity from infringing on
that right without demonstrating that the governmental entity's
governmental interest as applied to the person is of the highest order
and not otherwise served. Establishes the application of these
provisions to laws, rules, and ordinances.
Referred to the Committee on Public Policy which is chaired by Senator Ron Alting.
This bill provides the following new section 31-13-4 to direct government entities in regards to protecting the rights of parents in matters of government intervention affecting their children. The content of the new section is as follows:
Chapter 4. Parental Rights Protected
Sec. 1. This chapter applies to any state or local law, rule, or ordinance and the implementation of that law, rule, or ordinance, whether:
(1) statutory or otherwise; and
(2) enacted, adopted, or effective before, on, or after July 1, 2014.
Sec. 2. The liberty of a parent to direct the upbringing, education, and care of the parent's child is a fundamental right.
Sec. 3. A governmental entity may not infringe on the right described under section 2 of this chapter without demonstrating that the governmental entity's governmental interest as applied to the person is of the highest order and not otherwise served.
Sec. 4. A statute enacted after July 1, 2014, is subject to this chapter unless the statute explicitly excludes the application by reference to this chapter.
Essentially this chapter requires that a government entity must refrain from imposing upon a parent's right “to direct the upbringing, education, and care of the parent's child” unless the government demonstrates that the government's interest supersedes that of the parent. This bill does not per se create a new burden of proof but rather establishes a new element to the government's burden.
I strongly support this legislation.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
Friday, December 6, 2013
Indiana Commission on Improving the Status of Children to meet 11 December 2013
07 December 2013
The third meeting of the Indiana Commission on Improving the Status of Children is scheduled for 11 December 2013 from 10:00 A.M. - 2:00 P.M. At the Indiana Government Center South. Members of the public are invited to attend but it is not a public input session.
The multi-branch statewide Commission is aimed at improving the status of children in Indiana. In cooperation with other entities, members of the State Commission on Improving the Status of Children will study issues concerning vulnerable youth, review and make recommendations concerning pending legislation, and promote information sharing and best practices.
I have a meeting with a Commission member prior to the session but will be available during the lunch break to anyone who would like to converse.
If you would like to assist in advancing child well-being legislation then please visit my website and contact my scheduler to make an appointment to meet with me. There is no charge for initial attorney consultations.
If you would like to follow my activities more closely then send a friend request to my Political FaceBook page.
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©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.
Tuesday, February 26, 2013
2013 Indiana Senate Bill 344 Child Protection Registry - Legislation Part 33
Senator Randall Head, a former prosecutor, brings to us the Child Protection Registry bill which is aimed at restricting marketers of products which are illegal for minors [tobacco, alcohol] or considered harmful to minors from contacting them through electronic points such as mobile devices or email. This is one of those bills that while serving its stated objective should have an ancillary benefit.
Senate Bill 0344 affects the following citations : IC 24-4.3 The synopsis is as follows:
Child protection registry. Requires the secretary of state to establish the child protection registry. Permits a person to register with the registry certain "contact points" that belong to a minor. Defines a
contact point to be: (1) an electronic mail address; (2) an instant message identity; (3) a mobile or other telephone number; (4) a facsimile number; or (5) a similar point of communication defined by rule by the secretary of state. Permits a school or other institution that primarily serves minors to register its domain name with the registry. Provides that a person may not send a communication to a contact point that has been registered for more than 30 days if the communication: (1) has the express purpose of advertising or promoting a product or service that a minor is prohibited by law from purchasing; or (2) contains or has the express purpose of advertising or promoting material that is harmful to minors, as described in Indiana law. Requires persons who send such communications to check the registry (for a fee) to ensure compliance with the law. Authorizes the secretary of state to adopt rules to administer the statute and the registry. Provides for civil enforcement of the statute.
Advertisers who wants to inundate us with their unsolicited promotions will be required to check the registry to ensure that they do not send advertisements to the contact points of minors that have been registered with the secretary of state. This will be similar to the states Do Not Call list.
The ancillary benefit that I mentioned? There is a fee to check the list. If it can be more costly for us to be annoyed by these ads then all the better. The other benefit – unless there is some sworn declaration about the age of the person whose contact points are being registered – I will become a minor once the registry is established.
Help protect the best interest of your child in a custody proceeding. Visit my website and contact my scheduler to make an appointment to meet with me.
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©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.
Monday, February 25, 2013
2013 Indiana Senate Bill 392 Child Abuse and Neglect Investigations - Legislation Part 32
Senator Yoder has introduced a bill that would authorize the Department of Child Services to hire more investigations to respond to purported reports of suspected child abuse or neglect.
Senate Bill 0392 affects the following citations :IC 31-25-2-5; IC 31-33-7-2. The synopsis is as follows:
Department of child services. Requires the department of child services (DCS) to hire additional employees by January 1, 2014. Requires DCS to assign for investigation all reports of child abuse or neglect that are received from a centralized call center to the local DCS office in the county where the child is located. Requires a local DCS office to investigate a report of child abuse or neglect received from certain individuals. Requires DCS to adopt rules to implement the provisions of this bill.
In 1974 Congress passed the Child Abuse Prevention and Treatment Act [CAPTA] which mandated that all adults in positions of responsibility with respect to a child were required to report to Child Protect Services or law enforcement authorities any known or suspected child abuse. In 1984 CAPTA was revised to include any adult, whether in a position of responsibility with respect to the child, to report suspected abuse or neglect within 36 hours. Further, an immunity provision was added to absolutely immune any person involved in the reporting or investigation process from any sort of charge or prosecution, criminal or civil.
The federal legislation was adopted into the Indiana Code through IC 31-33-5 et seq which is in the family law section. Failure to report is a Class B misdemeanor. Representative Davis has introduce a bill to move the duty to report neglect or abuse statute from the juvenile law title to the criminal title.
Not surprising are the incidents of the immunity provision being used to facilitate reports based upon vindictiveness or as part of a child custody litigation strategy. DCS employees also are relieved of a personal obligation to provide unbiased and truthful reporting and are free to allow their personal motivations to influence their findings.
According to the testimony of Senator Dan Coats before a Capitol Hill hearing, in 1963 there were 150,000 reported cases of abuse, in 1993 there were 2,898,000. Two thirds of these abuse and neglect allegations are unsubstantiated or determined to be unfounded, but that still leaves nearly a million children with documented abuse in a single year.
Many of those documented cases could actually be true. It would be helpful if case managers on actual cases had more time to dedicate towards ensuring the needs of the children. Instead of hiring more DCS investigators, creating an ever burgeoning government bureaucracy invading the sanctum of the family, it would be wiser to take efforts to reduce the incidents of false reporting.
If you have been falsely accused of abuse or neglect in a child custody proceeding then please visit my website and contact my scheduler to make an appointment to meet with me.
If you would like to follow my activities more closely then send a friend request to my Political FaceBook page.
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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.
©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.
Thursday, February 21, 2013
2013 Indiana Senate Bill 164 CHINS Petition - Legislation Part 30
Senators Holdman and Broden have offered a bill that appears on track to become law. SB0164 allows a prosecuting attorney to request a juvenile court to authorize the filing of a child in need of services [ChiNS] petition. This bill restores authority for local prosecutors to file a CHiNS as was the law prior to 2007. HB1129 is the companion bill in the House.
Senate Bill 0164 affects the following citations: IC 31-34-9-1. The synopsis is as follows:
Child in need of services petitions. Allows a prosecuting attorney to request a juvenile court to authorize the filing of a petition alleging that a child is a child in need of services, and allows a prosecuting attorney to represent the interests of the state in the child in need of services proceeding. (The introduced version of this bill was prepared by the department of child services interim study committee.)
The trigger for this bill was an issue raised by a GAL in Illinois where anyone can file a CHiNS. The bill is not an attempt to replace DCS in the capacity of filing CHiNS petitions but offers a redundancy when DCS may not have at first seen a need to file a CHiNS.
During a committee hearing David Powell, Director of the Indiana Prosecuting Attorneys Council, testified as to circumstances in which a prosecutor may better serve children by filing a CHiNS. He stated that prosecutors when unable to file a CHiNS but faced with a disruptive child who may have mental health issues had to instead file a delinquency petition. Powell does not believe that is in the best interest of the children and should not be the public policy of the State of Indiana to leave these at-risk children with the alternative of being either charged as a delinquent or not having the issue addressed.
While numerous parents have viewed CHiNS cases as usurping their parental authority and an attempt to take their children away, that is not the statutory intention of the CHiNS scheme. CHiNS filings are meant to ensure that the child is receiving needed support and services. However, in practice agencies and their employees have been pressured to remove children from their parents as that is one of the measures for funding. Parents and advocates need to be vigilant to ensure that agency actions conform with the agenda of providing services for the child while maintaining family cohesion.
On 05 February 2013 this bill passed through the Senate on third reading by a vote of 49-0. Senator Zakas was excused from voting.
If your child is the subject of a CHiNS action or a custody dispute and you wish to best position yourself for the proceedings then please visit my website and contact my scheduler to make an appointment to meet with me.
If you would like to follow my activities more closely then send a friend request to my Political FaceBook page.
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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.
©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.
Tuesday, February 19, 2013
2013 Indiana Senate Bill 266 Child Neglect Sentencing 35-46-1-4 - Legislation Part 28
Senator Patricia Miller has submitted a bill that would add child neglect resulting in death to the list of other offenses that include mandated minimum terms of incarceration upon a conviction.
Senate Bill 0266 affects the following citations: IC 35-50-2-2. The synopsis is as follows:
Neglect of a dependent. Provides that, for the offense of neglect of a dependent as a Class A or Class B felony, the court is authorized to suspend only that part of the sentence that is in excess of the minimum sentence, unless the court has approved placement of the offender in a forensic diversion program.
The entirety of the amendment to the law that Senator Miller offers is “(V) neglect of a dependent (IC 35-46-1-4) as a Class A or Class B felony.” IC 35-46-1-4 provides that the offense is a Class A or Class B felony if the neglect in certain situations results in serious bodily injury or death.
IC 35-50-2-2 provides a list of offenses in which the convicted defendant must serve at least the presumptive minimum sentence under the statutory sentencing scheme unless the court has approved placement of the offender in a forensic diversion program under IC 11-12-3.7. IC 11-12-3.7 provides an offender may avoid a prison for having an “addictive disorder” which is just psychological speak for lack of willpower or accepting responsibility for one's own actions. This is the result of the invasion of the non-scientific guesswork by overpaid psychologist into our legislature and courts for their personal financial gain at the expense of society as a whole. It's never the fault of the irresponsible person – TV made me do it, I was abused, it's in my genes, blah, blah, blah. I would like to see this portion of our sentencing structure repealed. Do the crime, do the time!
I am fully in support of any mandates that hold parents accountable for their actions of creating children. The neglect of children, especially by those parents who are fully capable of providing necessary support, should be elevated to one of the highest crimes in both statutory law and societal perceptions. This legislation is a small step towards doing just that and Senator Miller should be fully supported in her attempt to accomplish this.
If you believe that your child is being neglected or harmed and want to seek a custody modification then please visit my website and contact my scheduler to make an appointment to meet with me.
If you would like to follow my activities more closely then send a friend request to my Political FaceBook page.
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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.
©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.
Saturday, February 16, 2013
2013 Indiana Senate Bill 147 Status of Children - Legislation Part 26
Senator Tim Lanane has authored a bill that would create a commission on improving the status of children. Senator Lanane has demonstrated a consistent commitment to using our legislative body as a means to advocate for children and I have enjoyed working with him.
Senate Bill 0147 affects the following citations :IC 2-5-36. The synopsis is as follows:
Commission on improving the status of children. Establishes the commission on improving the status of children in Indiana (commission). Requires certain departments, agencies, and boards to submit an annual report concerning the status of children to the commission by June 30 of each year and to submit any other reports and information requested by the commission. Allows the commission to request from other state agencies information and reports regarding matters related to children. (The introduced version of this bill was
prepared by the department of child services interim study committee.)
It is refreshing to see something come into the legislative arena that reflects what so many people claim to be their top priority but rarely is so in action. That is the welfare of children. Threaten the financing stream to union leaders, try to hold teachers accountable for their pay, seek to reduce some government handout and the halls of the state house get inundated with bodies. Try to keep children from suffering or dying and you are likely to get more than a wink from the overwhelmingly hypocritical population who is more concerned with their personal wealth and opportunities to avoid exertion or accountability. Senator Lanane understands this and although not always popular he has shown a propensity to favour protecting children over protecting streams of money. His commission for improving the status of children is evidence of that.
This bill would create a commission comprised mostly of stakeholders from state agencies involving children but would also include a few community members and would seek input from community advocates. This is an extremely important aspect of this commission because too often groups like this suffer from a group think mentality and are predisposed to “academic” viewpoints or data rather than the raw opinions from the front line.
The bill has been referred to the Committee on Health and Provider Services. Senator Travis Holdman has added his name as an author. Both men should be commended for their efforts and this bill should be passed into law.
if you would like assistance in improving that status of your child and your child custody status then please visit my website and contact my scheduler to make an appointment to meet with me.
If you would like to follow my activities more closely then send a friend request to my Political FaceBook page.
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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.
©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.
Thursday, February 7, 2013
2013 Indiana House Bill 1086 Duty to Report Child Abuse or Neglect - Legislation Part 20
Representative Davis has introduce a bill to move the duty to report neglect or abuse statute from the juvenile law title to the criminal title. This is consistent with the overall goal of the General Assembly to re-codify Title 35 of the Indiana Code which delineates penalties for certain various offenses and enforcement procedures.
House Bill 1086 affects the following citations: IC 16-34-2-1.1; IC 16-39-2-6; IC 31-9-2-133;
IC 31-32-3-11; IC 31-33; IC 35-31.5-2; IC 35-42-6; IC 35-51-31-1. The synopsis is as follows:
Duty to report child abuse or neglect. Moves certain statutes concerning the duty to report child abuse to Title 35 of the Indiana Code governing criminal law and procedure. Defines "victim of child abuse or neglect" for purposes of the duty to report child abuse.
The duty to report child abuse or neglect is clearly defined by statute – A person who has a reason to believe that a child may be a victim of child abuse or neglect shall immediately make a verbal report to: the department of child services; or a local law enforcement agency.
I have made these reports on numerous occasions upon my suspicion that a child may be a victim of child abuse or neglect. The law doesn't require that I know of the abuse or neglect or that there actually be neglect but only that there may be abuse or neglect. The statute then defines the penalty – A person who knowingly fails to make a report required by section 4 of this chapter commits a Class B misdemeanor.
Criminal offenses are peppered throughout the Indiana Code which can make it quite difficult to ensure that your actions, or as in this matter – inaction, are a criminal offense. Title 3 Elections, Title 7.1 Alcohol and Tobacco, Title 9 motor Vehicles, Title 27 Insurance [ex 27-1-3-18] all have sections imposing criminal penalties. While some of these are particular to the specific industry, such as the insurance example, they should all be under Title 35 and could still be separated by sections. By placing all sections of law that establish a penalty under Title 35 it will be much simpler for all citizens to simply read Title 35 to ensure compliance, if they so choose. This legislation should be supported.
I still chuckle every time I hear someone utter the phrase, “I'm a law-abiding citizen”. Really?
If you suspect that your child may be being abused or neglected in his or her current custodial household and you would like to seek a modification or to gain custody then please visit my website and contact my scheduler to make an appointment to meet with me.
If you would like to follow my activities more closely then send a friend request to my Political FaceBook page.
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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.
©2008, 2013 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.
