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
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.
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(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.
(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.
(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.
(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.
(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
court's request for information not later than ten (10) days after