IN HB1432 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on May 5 2019 - 100% progression
Action: 2019-05-05 - Public Law 258
Text: Latest bill text (Enrolled) [PDF]

Summary

Parental incarceration. Provides that a child in need of services (CHINS) case plan must include a description and discussion of: (1) the services and treatment available to an incarcerated parent at the facility at which the parent is incarcerated; and (2) how the parent and child may be afforded visitation opportunities, unless visitation with the parent is not in the best interests of the child. Requires a CHINS dispositional decree to provide a reasonable opportunity for a parent of the child who: (1) is incarcerated; and (2) has maintained a meaningful role in the child's life; to maintain a relationship with the child, subject to the safety of the community and best interests of the child. Provides that a motion to dismiss a petition to terminate a parent-child relationship (TPR) may be filed if: (1) the parent is incarcerated or the parent's prior incarceration is a significant factor in the child having been under the supervision of the department of child services (DCS) or a county probation department for at least 15 of the most recent 22 months; (2) the parent maintains a meaningful role in the child's life; (3) DCS has not documented a reason to conclude that it would otherwise be in the child's best interests to terminate the parent-child relationship; and (4) the parent is not incarcerated due to conviction for certain crimes. Provides that in determining whether to grant the motion to dismiss the TPR, the court may consider the length of time remaining in the incarcerated parent's sentence and any other factor the court considers relevant.

Tracking Information

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Title

Parental incarceration. Provides that a child in need of services (CHINS) case plan must include a description and discussion of: (1) the services and treatment available to an incarcerated parent at the facility at which the parent is incarcerated; and (2) how the parent and child may be afforded visitation opportunities, unless visitation with the parent is not in the best interests of the child. Requires a CHINS dispositional decree to provide a reasonable opportunity for a parent of the child who: (1) is incarcerated; and (2) has maintained a meaningful role in the child's life; to maintain a relationship with the child, subject to the safety of the community and best interests of the child. Provides that a motion to dismiss a petition to terminate a parent-child relationship (TPR) may be filed if: (1) the parent is incarcerated or the parent's prior incarceration is a significant factor in the child having been under the supervision of the department of child services (DCS) or a county probation department for at least 15 of the most recent 22 months; (2) the parent maintains a meaningful role in the child's life; (3) DCS has not documented a reason to conclude that it would otherwise be in the child's best interests to terminate the parent-child relationship; and (4) the parent is not incarcerated due to conviction for certain crimes. Provides that in determining whether to grant the motion to dismiss the TPR, the court may consider the length of time remaining in the incarcerated parent's sentence and any other factor the court considers relevant.

Sponsors


Roll Calls

2019-04-23 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 90 N: 0 NV: 2 Abs: 8) [PASS]
2019-04-23 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 48 N: 0 NV: 1 Abs: 1) [PASS]
2019-03-26 - Senate - Senate - Third reading (Y: 48 N: 0 NV: 0 Abs: 2) [PASS]
2019-03-11 - Senate - Senate - Committee Vote (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-18 - House - Third reading (Y: 96 N: 0 NV: 2 Abs: 2) [PASS]
2019-02-05 - House - House - Committee Vote (Y: 12 N: 0 NV: 0 Abs: 1) [PASS]

History

DateChamberAction
2019-05-05HousePublic Law 258
2019-05-05HouseSigned by the Governor
2019-04-30SenateSigned by the President of the Senate
2019-04-24SenateSigned by the President Pro Tempore
2019-04-24HouseSigned by the Speaker
2019-04-23HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 604: yeas 90, nays 0
2019-04-23SenateRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 578: yeas 48, nays 0
2019-04-23SenateCCR # 1 filed in the Senate
2019-04-23HouseCCR # 1 filed in the House
2019-04-08SenateSenate advisors appointed: Crane, Breaux, Ford Jon and Randolph Lonnie M
2019-04-08SenateSenate conferees appointed: Young M and Ford J.D.
2019-04-08HouseHouse advisors appointed: DeVon, Frizzell, Boy, Jackson and Summers
2019-04-08HouseHouse conferees appointed: Steuerwald and Macer
2019-04-02HouseHouse dissented from Senate amendments
2019-04-01HouseMotion to dissent filed
2019-03-28SenateReturned to the House with amendments
2019-03-26SenateThird reading: passed; Roll Call 332: yeas 48, nays 0
2019-03-25SenateAmendment #3 (Houchin) prevailed; voice vote
2019-03-25SenateSecond reading: amended, ordered engrossed
2019-03-18SenateSenator Randolph added as cosponsor
2019-03-12SenateSenators Crane and Ford Jon added as cosponsors
2019-03-11SenateCommittee report: amend do pass, adopted
2019-03-04SenateFirst reading: referred to Committee on Family and Children Services
2019-02-19HouseReferred to the Senate
2019-02-18HouseSenate sponsors: Senators Young M and Niezgodski
2019-02-18HouseThird reading: passed; Roll Call 196: yeas 96, nays 0
2019-02-07HouseRepresentative Summers added as coauthor
2019-02-07HouseAmendment #1 (Macer) prevailed; voice vote
2019-02-07HouseSecond reading: amended, ordered engrossed
2019-02-05HouseRepresentative Steuerwald added as coauthor
2019-02-05HouseCommittee report: amend do pass, adopted
2019-01-15HouseFirst reading: referred to Committee on Family, Children and Human Affairs
2019-01-15HouseAuthored by Representative Macer

Indiana State Sources

TypeSource
Summaryhttps://iga.in.gov/legislative/2019/bills/house/1432/details
Texthttp://iga.in.gov/static-documents/9/5/3/5/95356c99/HB1432.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/6/d/1/e/6d1e2830/HB1432.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/b/3/3/b/b33be0f7/HB1432.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/d/7/a/8/d7a87006/HB1432.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/7/6/0/6/7606792e/HB1432.03.ENGH.pdf
Texthttp://iga.in.gov/static-documents/7/c/5/9/7c5935a6/HB1432.03.ENGH.pdf
Texthttp://iga.in.gov/static-documents/b/4/c/d/b4cd996a/HB1432.04.COMS.pdf
Texthttp://iga.in.gov/static-documents/3/1/c/0/31c04881/HB1432.04.COMS.pdf
Texthttp://iga.in.gov/static-documents/8/9/e/5/89e564c5/HB1432.05.ENGS.pdf
Texthttp://iga.in.gov/static-documents/3/5/b/8/35b8d7a6/HB1432.05.ENGS.pdf
Texthttp://iga.in.gov/static-documents/c/c/7/0/cc70c06c/HB1432.06.ENRS.pdf
Roll Callhttp://iga.in.gov/static-documents/8/f/2/7/8f27727e/HB1432.01.INTR.00.pdf
Roll Callhttp://iga.in.gov/static-documents/8/5/b/a/85bad6bc/HB1432.196.pdf
Roll Callhttp://iga.in.gov/static-documents/e/2/b/8/e2b8c153/HB1432.03.ENGH.00.pdf
Roll Callhttp://iga.in.gov/static-documents/d/6/3/b/d63be2b5/HB1432.332.pdf
Roll Callhttp://iga.in.gov/static-documents/7/5/3/b/753bad24/HB1432.578.pdf
Roll Callhttp://iga.in.gov/static-documents/3/1/f/4/31f4d4a1/HB1432.604.pdf

Bill Comments

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