Bill Text: IN HB1085 | 2010 | Regular Session | Introduced
Bill Title: Termination of parent-child relationship; child in need of services.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-02-08 - First reading: referred to Committee on Judiciary [HB1085 Detail]
Download: Indiana-2010-HB1085-Introduced.html
Citations Affected: IC 31-34-21-5.6.
Synopsis: Disposition of certain children in need of services (CHINS).
Provides that reasonable efforts to reunify a child with the child's
parent, guardian, or custodian or to preserve a child's family are not
required with respect to a child who has been adjudicated a child in
need of services (CHINS) if the court finds that the child has, on three
separate occasions, been adjudicated a child in need of services
because of an act or omission by the child's parent, guardian, or
custodian.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Courts and Criminal Code.
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(b) Reasonable efforts to reunify a child with the child's parent, guardian, or custodian or preserve a child's family as described in section 5.5 of this chapter are not required if the court finds any of the following:
(1) A parent, guardian, or custodian of a child who is a child in need of services has been convicted of:
(A) an offense described in IC 31-35-3-4(1)(B) or IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a victim who is:
(i) a child described in IC 31-35-3-4(2); or
(ii) a parent of the child; or
(B) a comparable offense as described in clause (A) in any other state, territory, or country by a court of competent
jurisdiction.
(2) A parent, guardian, or custodian of a child who is a child in
need of services:
(A) has been convicted of:
(i) the murder (IC 35-42-1-1) or voluntary manslaughter
(IC 35-42-1-3) of a victim who is a child described in
IC 31-35-3-4(2)(B) or a parent of the child; or
(ii) a comparable offense described in item (i) in any other
state, territory, or country; or
(B) has been convicted of:
(i) aiding, inducing, or causing another person;
(ii) attempting; or
(iii) conspiring with another person;
to commit an offense described in clause (A).
(3) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) battery (IC 35-42-2-1(a)(5)) as a Class A felony;
(B) battery (IC 35-42-2-1 (a)(4)) as a Class B felony;
(C) battery (IC 35-42-2-1(a)(3)) as a Class C felony;
(D) aggravated battery (IC 35-42-2-1.5);
(E) criminal recklessness (IC 35-42-2-2) as a Class C felony;
(F) neglect of a dependent (IC 35-46-1-4) as a Class B felony;
or
(G) a comparable offense described in clauses (A) through (F)
in another state, territory, or country;
against a child described in IC 31-35-3-4(2)(B).
(4) The parental rights of a parent with respect to a biological or
adoptive sibling of a child who is a child in need of services have
been involuntarily terminated by a court under:
(A) IC 31-35-2 (involuntary termination involving a
delinquent child or a child in need of services);
(B) IC 31-35-3 (involuntary termination involving an
individual convicted of a criminal offense); or
(C) any comparable law described in clause (A) or (B) in any
other state, territory, or country.
(5) The child is an abandoned infant, provided that the court:
(A) has appointed a guardian ad litem or court appointed
special advocate for the child; and
(B) after receiving a written report and recommendation from
the guardian ad litem or court appointed special advocate, and
after a hearing, finds that reasonable efforts to locate the
child's parents or reunify the child's family would not be in the
best interests of the child.
(6) The child has, on three (3) separate occasions, been
adjudicated a child in need of services because of an act or
omission by the child's parent, guardian, or custodian.