Bill Text: IN HB1041 | 2013 | Regular Session | Amended


Bill Title: Petitions to modify custody and visitation.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2013-03-28 - Senator Randolph added as cosponsor [HB1041 Detail]

Download: Indiana-2013-HB1041-Amended.html


Reprinted

February 21, 2013





HOUSE BILL No. 1041

_____


DIGEST OF HB 1041 (Updated February 20, 2013 2:11 pm - DI 107)



Citations Affected: IC 29-3; IC 31-14; IC 31-17.

Synopsis: Petitions to modify custody and visitation. Provides that if a person files a petition to establish or modify a guardianship, visitation, or child custody, a party to the proceeding shall inform the court if: (1) a party has been determined to be a perpetrator in a substantiated assessment of child abuse or neglect; or (2) the child named in the petition has been the subject of a substantiated report of child abuse and neglect, has been determined to be a child in need of services, or has been involved in an informal adjustment. (The introduced version of this bill was prepared by the department of child services interim study committee.)

Effective: July 1, 2013.





Kubacki, Mahan, Riecken




    January 7, 2013, read first time and referred to Committee on Family, Children and Human Affairs.
    February 14, 2013, amended, reported _ Do Pass.
    February 20, 2013, read second time, amended, ordered engrossed.





Reprinted

February 21, 2013

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

HOUSE BILL No. 1041



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 29-3-2-7; (13)HB1041.2.1. -->     SECTION 1. IC 29-3-2-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) If a person files a petition to establish or modify guardianship of an individual who is less than eighteen (18) years of age, any person who:
        (1) is a party to the guardianship proceeding; and
        (2) has knowledge that:
            (A) a party to the guardianship proceeding has been determined to be a perpetrator of a substantiated assessment of child abuse or neglect;
            (B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;
            (C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or
            (D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;
shall inform the court in writing that a party to the guardianship

proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).
    (b) A court reviewing a petition to establish or modify a guardianship may request information regarding the department of child services assessment or case of the person filing the petition or the person under the guardianship. The department shall provide a response under seal to the court's request for information not later than ten (10) days after the court requests the information.

SOURCE: IC 31-14-13-12; (13)HB1041.2.2. -->     SECTION 2. IC 31-14-13-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. (a) If a person files a petition to establish or modify the custody of a child, any person who:
        (1) is a party to the custody proceeding; and
        (2) has knowledge that:
            (A) a party to the custody proceeding has been determined to be a perpetrator of a substantiated assessment of child abuse or neglect;
            (B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;
            (C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or
            (D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;
shall submit to the court in writing under seal that a party to the custody proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).
    (b) A court reviewing a petition to modify the
custody of a child may request information regarding the department of child services assessment or case of the person filing the petition or the child. The department shall provide a response under seal to the court's request for information not later than ten (10) days after the court requests the information.
SOURCE: IC 31-14-14-6; (13)HB1041.2.3. -->     SECTION 3. IC 31-14-14-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) If a person files a petition to establish or modify parenting time, any person who:
        (1) is a party to the parenting time proceeding; and
        (2) has knowledge that:
            (A) a party to the parenting time proceeding has been

determined to be a perpetrator of a substantiated assessment of child abuse or neglect;
            (B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;
            (C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or
            (D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;
shall submit to the court in writing under seal that a party to the parenting time proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).
    (b) A court reviewing a petition to modify parenting time may request information regarding the department of child services case of the person filing the petition or the child. The department shall provide a response under seal to the court's request for information not later than ten (10) days after the court requests the information.

SOURCE: IC 31-17-2-26; (13)HB1041.2.4. -->     SECTION 4. IC 31-17-2-26 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 26. (a) If a person files a petition to establish or modify custody of a child, any person who:
        (1) is a party to the custody proceeding; and
        (2) has knowledge that:
            (A) a party to the custody proceeding has been determined to be a perpetrator of a substantiated assessment of child abuse or neglect;
            (B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;
            (C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or
            (D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;
shall submit to the court in writing under seal that a party to the custody proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).
    (b) A court reviewing a petition to modify custody of a child may request information regarding the department of child services case or assessment of the person filing the petition or the child. The department shall provide a response under seal to the court's request for information not later than ten (10) days after

the court requests the information.

SOURCE: IC 31-17-4-11; (13)HB1041.2.5. -->     SECTION 5. IC 31-17-4-11 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) If a person files a petition to establish or modify parenting time, any person who:
        (1) is a party to the parenting time proceeding; and
        (2) has knowledge that:
            (A) a party to the parenting time proceeding has been determined to be a perpetrator of a substantiated assessment of child abuse or neglect;
            (B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;
            (C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or
            (D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;
shall submit to the court in writing under seal that a party to the parenting time proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).
    (b) A court reviewing a petition to modify parenting time of a child may request information regarding the department of child services case or assessment of the person filing the petition or the
child. The department shall provide a response under seal to the
court's request for information not later than ten (10) days after
the court requests the information.

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