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HOUSE BILL No. 1085

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.

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Avery

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    January 5, 2010, read first time and referred to Committee on Courts and Criminal Code.

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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 2009 Regular and Special Sessions of the General Assembly.

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

SOURCE: IC 31-34-21-5.6; (10)IN1085.1.1. -->     SECTION 1. IC 31-34-21-5.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.6. (a) A court may make a finding described in this section at any phase of a child in need of services proceeding.
    (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.